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Updated almost 10 years ago on . Most recent reply

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116
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Sarah Miller
  • Investor
  • Canton, OH
20
Votes |
116
Posts

Tenant thinks his lease was void when we bought the property

Sarah Miller
  • Investor
  • Canton, OH
Posted

This guy is driving me nuts.  He is breaking his lease a month early and wants his security deposit back because he thinks that when we purchased the property that his lease was void, and NO his lease says nothing of the sort, he just thinks that's how things work.  His lease does in fact mention circumstances at the potential sale of the property and it only gives us, the new landlords, the right to terminate the lease with 30 days notice.  Can someone please tell me where I can find documentation for Ohio that I can show this guy stating that his lease does NOT automatically void when the property sells?

Most Popular Reply

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1,301
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Randy E.
  • Rental Property Investor
  • Durham, NC
1,311
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1,301
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Randy E.
  • Rental Property Investor
  • Durham, NC
Replied

If he hasn't paid the May rent yet, he's doing you a favor by asking if he can move out before June 1.  The fact is, it doesn't look like he plans to pay either May or June.  If I were you, I'd counter his offer of moving out at the end of the month and getting his security deposit returned, with moving out at the end of the month and not getting his security deposit, which you would use for the May payment.

The guy is already proving to be a problem tenant ... and you just became his landlord.  I wouldn't want to extend this relationship any further than necessary.  If he's already moved, good riddance.  Verify he's actually gone.  Give him notice you want to inspect the house.  If everything is in the shape it was in when you bought the house, I'd consider returning a portion of his deposit (1/4 to 1/2) just to get him out without having to go to court.  

Certainly, it's your right to fight to force this problem tenant to stay in your property, but why would you want to?

Good luck.

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