Tenant want to break lease...Justified?!?!?!?

Question

Hey guys, I have been learning from this site since last summer when my wife and I initially started looking for investment property. Long story short, we bought a 4 unit building back in October. It is now full.

However one of my tenants, who just moved in in December, wants to move out. She has been having several problems with others in the building (particularly one family). She says her wallet has been stolen, then her laptop, and the late Saturday I got a call that someone tried to kick in her back door. (I saw the damage and other tenants reported hearing the noise.) She has police reports for all of this. She just called this morning and said she just wants to move because she does not feel safe there. What should I do?

George Paiva · Answer

I had an issue of loitering and people using my property to short cut to another property.  With very little money I stopped it in its tracks with these:

http://www.amazon.com/Outdoor-Security-Camera-Blinking-Silver/dp/B004D8NZ52/ref=sr_1_1?ie=UTF8&qid=1391440056&sr=8-1&keywords=dummy+camera+security

Only downside is having to replace the batteries every 3 weeks.  I may look into a longer term solution.

Account Closed · Answer

@Jarrett Harris,

You should return her deposit on the day of the move out. If she takes you to court it will cost you a lot more all she needs to tell the judge you provided an unsafe place to live.

Joe Gore

Jarrett Harris · Answer

@ Colleen F.

She said her wallet was stolen when she briefly left out of her apartment. She left her door unlocked. The second time she said her laptop was stolen she locked the bottom (knob lock) but it is not very secure and easily bypassed. The third time someone kicked in her door she was not on the premises. The assailant(s) did not get all the way in her apartment but did enough damage for the police to temporarily screw it shut for her.

Nicole A. · Answer

Make sure you put in writing and signed by you and the renter the agreed upon date to vacate.

Colleen F. · Answer

I would let her go if she wants to although I would ask for official notice and I would consult a lawyer on the eviction.  I am not sure if he would advice getting a statement from her to help with the eviction or not since right now it is non-payment may not make a difference. Get the police reports copies just in case.

However I would explore the following issues:

-  how did her wallet and laptop get stolen in what I assume was a locked apartment. What was the source of entry?      (unlocked door that is not your issue).

- who tried to kick in the door?  (other family ,  previous tenant, someone the new tenant knows? ).

Based on these answers I would modify the apartments for safety if necessary, lighting , locks , window guard, etc.

Jean Bolger · Answer

It's really hard to answer without knowing the parties involved. But, some food for thought: some people are just disaster magnets (or drama addicts). They will be a headache one way or another as long as they are in your property. If you think your new tenant might be one of these then tell her she can go. It will be worth it in the long run. Hopefully you can get it rented up by March.

Maybe the problem really is the other tenants. Let's hope they leave peaceably in March and you can start fresh. If they have thuggish tendencies then George's idea of a "camera"  (or even an investment in a real camera) might be a good idea. Thugs hate cameras.

Jarrett Harris · Answer

Thanks Everyone. I just spoke with her a little while ago. She wants to be gone by Friday. I told her if that is the case I will just prorate her February rent for the remaining days of this month. But I will also have to keep her security deposit. She agreed to that. Now I am planning to have my wife repost the apartment in the usual newspaper and websites while she is off work tomorrow. I will also be speaking with my contractor later today regarding the repairs of the Kicked in door.

Nicole A. · Answer

If she is a great tenant that you'd hope to keep, perhaps offer her $20 off rent for a month or two if she sticks it out to March. But then you have to keep your word to rid of the tenants whose lease is up in March and make sure they move out.
	
	But if she wants to move anyway, let her go. Re-rent it and focus on ridding of your real problem.

Jarrett Harris · Answer

Thanks for the replies so far. I have already given a 5 day notice to the family that is accused of causing all of the problems (due to their late payment/partial payment routine). However they don't have to be out until March 15th. I told her this but she does not think that she can wait that long.

Thomas S. · Answer

You aren't providing a reasonably safe and livable environment if all this has happened since December. Let them go.

Also, there's an issue of far greater concern here and that is how do you intend to prevent this sort of behavior in the future?

Tenant want to break lease...Justified?!?!?!?

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