Prorated rent return?

Question

Hello fellow BP,

I own several rental properties in Atlanta GA and have run into a problematic tenant that has recently vacated one of my properties. the lease was for 24 months. she paid rent on time most of the time and fulfilled the complete lease ending on 5/31/2016. She informed me recently that she was expecting prorated rent  as she vacated and turned over keys 5 days prior to end of lease. I provided her the walk through sheet and itemized list of damages when i inspected home on 5/27, she handed over keys on this day. additionally we have recently returned her deposit minus damages, she cashed.

walk through performed 5/27. this was originally scheduled for 5/30, she informed me that home was vacant and cleaned, thinking i would meet her any day she wanted.

Am i liable to pay prorated rent return of 5 days? i can not find any legal statement that a landlord is responsible for prorating rent for walk through being performed 5 days prior to lease termination schedule as of 5/31. she has been a very difficult tenant to say the least. this property has been sold as of today.

I'm in a quandary.

Jonathan

Account Closed · Answer

I'd definitely NOT let it go, she has no right to even ask for a pro-rate, make a point, teach her a lesson, and keep your money. She can't do anything about it. Ignore her if she continues to bother you.

Maybe she won't try something so stupid with the next landlord. If you allow it, she surely will. Do not reward bad behavior.

Thomas S. · Answer

If being a landlord is simply a hobby for you then give her the money regardless of the fact that she is entitled to nothing. She probably actually owes you another months rent for providing less notice to terminate than required. But as a hobby why care just let it go.

If your rentals are being operated as a business why would you gift someone money they are not entitled to. If you operate on the bases of doing anything requested to avoid saying "no" I suggest you get out of the business before you face a professional tenant.

Learn the regulations governing your rentals and all decisions will be made for you in the future.

Tom V. · Answer

How much money are we talking about here for 5 days rent, $100 bucks? I would just give it to her and move on, rather than possibly have more trouble with her down the road. Call it paying her to go away.

Account Closed · Answer

In Georgia, a landlord is not required to mitigate damages.  So, you don't have to give her any money back.

Even if you take possession of the unit and accept keys - as long as you don't rent it to someone else, you can collect rent to the end of the lease.

Page 27:

http://www.georgialegalaid.org/files/6FCBD72D-B465...

That's from Georgia Legal Aid, too, LOL.  So, you can tell her to go talk to them if she likes and send her the link and tell her it's on page 27 and if she doesn't understand it, to call them up and ask them to explain to her why you don't owe her any more money.

Won't that be fun?  Since she's been such a pain?

And by the way, from the 27th to the 31st, it's only 4 days - just in case you cave and give her some money anyway :-)

Account Closed · Answer

I really am disgusted by landlords that "pay people to go away". It's a disgrace to the industry. You're giving landlords a bad name and making it harder for the next landlord. Grow some balls and keep your money. Paying tenants for anything is spineless.

Jared Orme · Answer

Some suggestions from my experience.

If you stilled owned the property you would have to assess the risk to the property. I have had inner city and country tenets that would make 'darn sure' they get their money out of me.

If the renter can take it out on the property then I usually negotiate to their satisfaction. I would pay them the newly negotiated remainder when the next tenet entered the property.

You are not obligated for this but it makes for a good financial decision.

There are some that I do not mind having that battle with. A good renter that paid on time I would negotiate. There are those who do need to be dealt with punitively. Of course, properly vetted tenants are what I do now. Past landlord references etc.

The bad ones that constantly exploit landlords only do so because of new landlords who do not vet their tenants. They are only looking at filling vacancies as quickly as possible.

Some areas don't have a good tenant pool.

George Despotopoulos · Answer

@Jonathan Yungel Small potatoes. You definitely don't need to pay her back the 5 days. But to avoid any additional headache and have her waste any more of your time just let it go.

Jonathan Frazier · Answer

Don't give her any money back.  I would only refund the money if she had helped you place a new tenant in the property the moment she left.  She contractually owes you the entire lease period.  She has no legal ground to stand on.  Also, no lawyer would take that case unless she is willing to put down at least a $1000 retainer and pay up front for legal services.  She won't sue; just go ahead and have that difficult conversation.  You need to hone your ability to tell people no.  Unhappy people are still going to walk away unhappy.

Sam LLoyd · Answer

No, you are not obligated to pay her the rent back.  I do walk throughs before the end of the lease term all the time.  I've even had tenants be flexible with getting repairs and improvements started before the end of the term as long as it is not an inconvenience to them.

If there was something in writing (which is sounds like there is not), saying that you were willing to cut the lease short, then she's got something.  If you go rent a car for the day and return it the same day, they are not going to give you have a day's rate back.  When a tenant pays rent for the month, they don't have to use the whole month, that's just the increment that it comes in.

When I would pro-rate rent:  If a tenant is out early, weather the lease is up in 5 days or 5 months, it's my job to fill it as soon as possible.  If I have another tenant that moves in before the lease is up, I will give the tenant rent back... For example, if you had another tenant that really wanted to start moving in on the 28th.. then I'd give her 4 days back.  OR:  If I wanted her out so that I could start work or sell it or something.  If it helps me for her not to be there right up till midnight on the 31st, then I would have them sign an end of lease statement and give the rent back.

That said, if you're worried about being taken to court over a few dollars, give her the money (with receipt), so you don't have to think about it again or loose sleep.

Prorated rent return?

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