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Updated almost 8 years ago on . Most recent reply

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26
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4
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Tom V.
  • Torrington, CT
4
Votes |
26
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tenant breaking of lease, damages, repairs, and liability

Tom V.
  • Torrington, CT
Posted

Hi guys. Been a while.

I have a question for you all.

First off, I am in CT.

Now, my questions revolves around a tenant breaking a lease, damages, repairs, and liability.

I had a tenant break their lease. 2 weeks early. (lease was april 1-march 31, they were supposed to move march 15)

We made an agreement that yes, we would allow them to break the 2 weeks early, under the condition that it be broom clean (as normal) and they provided us pictures of the unit to list on zillow and whatnot for new tenants. In such case, they would only have to pay us 1/2 the rent for the month of march.

The picture requirement stemmed from a confrontation a few weeks back where he stated he did not want us in the apartment, knocking on his door, showing the unit, or otherwise any way disturbing him. So we figured, since he's moving anyway, providing us with pics to list is fine, he'll be out the 15th, and we can start showing the unit after that.

He did not move until the 18th, and never provided pictures. Further, he left furniture, trash, fridge full of food, dishes, dirt and grime everywhere. The bathroom floor is so soaked with urine that the entire subfloor needs to be pulled up and replaced, and a new floor laid down.

The entire apartment is a mess, and full of old clothes and trash.

It is obviously not in showable condition.

So my question is this - since the verbal agreement we made was broken (not moving out the 15th, not providing pictures, and not leaving the place clean) do the terms of the original lease remain in effect?

IE; is he liable for the remainder of march?

And further, as the repairs now cannot be done in time to rent for April 1, is he liable for April as well? (seeing as his damage is the direct cause of the apartment not being suitable for rent in April)

Sorry if these are dumb questions, I'm just not sure what to do.I cannot do the work myself as usual, I am pending surgery for my right arm, and it is currently very limited in use.

Therefore I am needing to hire people to do it for me. And the cleaning quotes I'm getting are 400-500 alone, not to mention the repairs.

We're already beyond the scope of his security, and I'm going to have to pursue legal means. So I just want to know what he is liable for so i can proceed.

Thanks!

Most Popular Reply

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2,733
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Nicole A.
  • Rental Property Investor
  • Baltimore County Maryland and Tampa Florida
2,484
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2,733
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Nicole A.
  • Rental Property Investor
  • Baltimore County Maryland and Tampa Florida
ModeratorReplied

Never prorate rent on the promise they're moving out by a certain date. Full rent is due on the same day it always is due.

Perhaps I'm in the minority, but I do not understand showing a unit that is still occupied. People do not like others parading through their home regardless of the fact that they're moving out soon. I always wait until the unit is vacate before I start showing. I have no idea what kind of repairs/work will be needed until it is vacant.

But yes, you need to check local laws, but you likely can keep the deposit to cover the repairs and such. You will need to get clear receipts of the repair costs and send some sort of official letter listing deposit deductions. There's typically a timeframe, which you need to lookup for your area.

You can always try, but it may prove difficult to get any more money out of this guy than the security deposit that you hopefully have. Do you have his new mailing address? You'd need that so he can be served court papers I'd assume.

  • Nicole A.
  • Loading replies...