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Updated almost 10 years ago on . Most recent reply

Account Closed
  • Tampa, FL
0
Votes |
2
Posts

HELP!!! Need to Terminate Lease BEFORE Tenant Moves In... (longish post)

Account Closed
  • Tampa, FL
Posted

Hi BP-- This is my first post. Well, my first everything actually. I've screened and approved my first tenant on my first investment property (duplex). Here's a brief rundown on the situation:

During the lease signing (at their apartment), we were reviewing the lease section by section. They asked about installing a lock on the inside of the front door. They explained that their pre-teen son is ADHD and has attempted to run away in the middle of the night, so they lock him (and everyone else) in. My lease states no locks without landlord permission. I told them I'd look into it. This was a red flag for me, but we kept on with the lease review. I don't allow pets. They said they didn't have a pet. But in their apartment they have a bird. I didn't approve the bird verbally, but kind of let it slide (it's a little parakeet). 

So, in my mind, I'm summing things up-- about the lock on the front door and the bird. "I can work with that" I'm thinking-- not a big deal...I like these people and they screened well. So we sign the lease, they hand over payment for first month + security.

After lease signing, we continue talking and they start revealing little troubling details about their son. He's defiant. There's a nightly screaming (yes, nightly screaming-- she used those word multiple times) match about him taking a shower. She admitted "I just wanted to be upfront about it..." She mentioned that cops have been called about noise at their apartment.

I like these people, but I'm convinced their son will disturb the neighbors, make the other apartment less desirable, and if his behavior is as erratic as it sounds, will likely cause to the unit. 

The lease was signed a few days ago and the move-in date isn't until mid-June.

WHAT ARE MY OPTIONS?

I understand that I can certainly terminate the lease and this will amount to a breach of contract and I will liable. However, the tenant can only claim losses which they have actually suffered....which at this stage, just a few days after lease signing, and almost a month before actual move in, are essentially none. 

Could I use the reasons that I refuse to install another lock (for tenant safety and landlord access issues) and that I don't allow pets as the reason or should I simply send a termination letter without reasons.

HELP PLEASE!! Don't want to sink my ship before it leaves the harbor!!

Most Popular Reply

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Rob Beland
  • Investor
  • Leominster, MA
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Rob Beland
  • Investor
  • Leominster, MA
Replied

You need to rethink what you are doing. If this kid is adhd or has any sort of disability and you use that as a reason for eviction you are looking at possible serious discrimination charges. Let them move in. Let it play out. This is your first tenant. You dont want a lawsuit. They haven't even violated any terms of the lease yet. 

You should also research landlord/tenant law for your state. Its not a matter of breach of contract and their damages might as well be unlimited as far as you are concerned. 

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