Tenants left after 3.5 Months. Best course of action?

[John David]

Hello,

This is first time posting on this community, so please inform me if this was the incorrect area to post. Love the community!

**here is the condensed version below see in between the dashes, for the longer version please read after dashes

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3.** Now where it's interesting is that the property has officially sold. Pro rated rents have been returned but the questions to this would be the following:

--My interpretation of the VA laws and based on the tenants consent to either sell/rent so long as it matures their lease means we should be lawfully entitled to all of their deposit as it was used to pay the marketing/upkeep and closing costs of the home.

--Closing costs were not fully covered as some came out of pocket or sale. In VA you are entitled to sue tenants for up to $5,000 of lost costs (I cant recall if its in rent/damages or just in general to cover costs).

-Are the tenants entitled to a:

a) walkthrough report?

b) deposit back (though they consented to having us either sell/rent and deposit covered the properties expenses to get sold/rented...closing and other costs to sell exceeded deposit)?

c) any further communication (we all have lives and work...except the tenant-wife apparently)?

d) is suing something that should be considered to reclaim costs (In VA this is up to 5K to cover lost rent/expenses)?

e) if considering or not to sue, should it be expressed to the tenants that they may be sued so they are clear on signed contracts and why they are not entitled to any deposit back? (primarily so they stop attempting to communicate demands that I believe are outside the signed lease)

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Background: We have relocated from Northern Virginia back towards the west coast. This happened much sooner than expected, and in the process of attempting to rent/sell asap we managed to rent our property, and we found some great (on paper) tenants. To fast forward, essentially the husband had work across many different states/projects and their circumstances changed causing them to move back to their hometown within 3.5 months of starting their 1 year lease.

The signed lease was very tight (no PM, just realtor, great neighborhood/friends and us) and covered us for many situations but I do want to get some clarification or advice on best course of action for the following:

(please note this info is just from my googling/common sense and again I have no claims to be right in any situation here)

1. In VA the landlord must accommodate the tenants request given a good amount of X time which was fine and given. The Landlord must attempt to get the property occupied at fair market value, and while vacant the tenant will make full monthly payments agreed in the lease until occupied.

--This has been fulfilled by both parties.

2. These tenants have been a nagging pain since lease signing day. But the condensed version has been besides asking/demanding outrageous things they know are covered or outside the lease they have attempted to rent the house under us placing our realtors licensing at risk as well as the wellbeing of the property.

--Upon move out back to FL from VA, they have continually attempted to contact the realtor or us to try to pressure getting the property rented. This is fine, just annoying.

--The tenants have agreed for us to find whatever means necessary to either sell/rent the property.

3.** Now where it's interesting is that the property has officially sold. Pro rated rents have been returned but the questions to this would be the following:

--My interpretation of the VA laws and based on the tenants consent to either sell/rent so long as it matures their lease means we should be lawfully entitled to all of their deposit as it was used to pay the marketing/upkeep and closing costs of the home.

--Closing costs were not fully covered as some came out of pocket or sale. In VA you are entitled to sue tenants for up to $5,000 of lost costs (I cant recall if its in rent/damages or just in general to cover costs).

-Are the tenants entitled to a:

a) walkthrough report?

b) deposit back (though they consented to having us either sell/rent and deposit covered the properties expenses to get sold/rented...closing and other costs to sell exceeded deposit)?

c) any further communication (we all have lives and work...except the tenant-wife apparently)?

d) is suing something that should be considered to reclaim costs (In VA this is up to 5K to cover lost rent/expenses)?

e) if considering or not to sue, should it be expressed to the tenants that they may be sued so they are clear on signed contracts and why they are not entitled to any deposit back? (primarily so they stop attempting to communicate demands that I believe are outside the signed lease)

Again, sorry I am no expert in this area and we are total newbies but I would love to get a good group think idea from everyone on best courses of action.

Sincerely,

JF.

[Mike H.]

This looks like multiple situations condensed into one.  I will share my thoughts on the lease breach.

a) walk-through report.  I would suggest to go over the walk through to review the condition of property.  Technically tenant is responsible for damages beyond normal wear and tear, there maybe some items still under their responsibility that you would consider to have them responsible for.

b) Per lease agreement, the moment they breach the lease, the deposit goes to you, you are free to do anything you want.

c) & d) Communication & Remedy:  Personally I think this would depend on the situation.  If through communication can reduce the bitter feeling and avoid taking this case to court, I think it is the best interest of all parties.  If you have everything well documented and work along the regulation, I don't see you need to fear even if they do decide to sue you.  But again, if this can be avoided via communication, that would be the best.

Hope my input helps in some way.  Again, double and triple check local regulation to make sure you are following the rules.