Breaking lease and subletting

[Christopher Lombardi]

What would you do in this situation? I have a tenant who quietly moved out and moved across country and got a bad credit tenant to sublet in direct violation of his lease agreement. Now I have a guy living in the house for 7 months who I never would have allowed move in, but is current on rent, and a former tenant who pretended to be living there the entire time now demanding his security back. Here is what I think my options are: 1) invoke the hold over tenant clause and try to charge the original tenant double rent because he is technically holding over since his guests are still occupying the home. 2) keep the security for breach of agreement and continuing allowing the other guy to rent as long as he is on time with payments 3) evict the other guy now, who doesn't even have a lease with me, keep the old security deposit, and get a new tenant. Anything I'm missing? What would you do ?

[Travis Lloyd]

Sounds like you have two different issues: You have a tenant asking for his security deposit back, and you have someone living in your apartment who shouldn't be there.

The current resident first: Does this sub-letter have any intentions of leaving at the end of the lease? It sounds like you want them out - do they seem amenable to departing? A lot of sub-lets understand they're only short-term. Obviously if they are not going to go quietly, you have a much deeper issue. Just wondering if you have spoken with them to determine where they are at? And if they seem to be resistant to leaving - try offering some $ incentive to leave (and sign a release of course).

As for the security deposit - personally, I would not try to keep it due to the sub-letting. There is an old saying - being right is cheap, proving you're can get very expensive. And a tenant crying "the landlord stole my security deposit" goes way too easily. Turn it around - hoping the current occupant does leave (one way or another), can you identify (and document) sufficient damages/problems with the unit to justify keeping the security deposit?

Personally I would try to get the current occupant out, without taking them to court. Then try to identify sufficient problems to retain as much of the security deposit as possible.

There is an alternative - IF the current tenant could prove consistent rent payments, regardless of their credit, I might actually try to get them sign a new lease - at a slightly increased rent, PLUS a security deposit. IF they could come up with the security, and the increased rent - I might just keep them.