Tenants Decided to Change Terms of Lease

[Jane S.]

On Jan. 15 these tenants agreed to vacate on March 31 which is the date of the lease expiration. I gave them 90 days notice, which is required. I have their written agreement to vacate by March 31. 

Yesterday they emailed me that they "found a house and will be moving Feb. 15th and paying utilities till March 1." They paid rent for February. I dont think they are planning to pay rent for March, or utilities, which lease requires. 

I have no idea what the condition of the property will be when they vacate, and their security deposit won't cover a month's utilities and make ready for next tenant. I did an inspection in December and it looked OK but I'm sure it needs deep clean. And maybe paint.

Their lease is clear, they are not allowed to terminate early and security deposit is not allowed to be used for rent.

It's 3 adults there were no kids but they had 2 older small dogs. Their occupancy began before I decided no more animals.

They are paying $2075 in a B+ location and the house is very upscale with hard floors, granite, etc etc. Even a hand-built vanity made from repurposed barn wood, 3/2/2. The big shed is custom-painted in Broncos colors orange and blue. People call it the "Broncos" house. I'm sure I can get $2200 plus animal fee $35/month as I will allow a small dog <25 lbs. I will be requiring an animal application with a $300 fee. People will pay almost any amount if they can keep their critter. 😜

Your advice? And thanks. 

[Nathan Gesner]

Quote from @Jane S.:

You already know the answer. Hold them to the terms of the agreement. If they move out early, the law requires you to make a "good faith effort" to find a new renter and minimize charges to the departing tenant. If you find someone to move in on March 20th, then you can only hold the departing tenant responsible for rent through the 19th.

When they move out, remind them of the contract. Clean the place up and try to find a new renter. When a new renter takes over, or when March 31st rolls around, add up the charges, apply the deposit, and notify tenant of anything owed or refunded.