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Updated almost 8 years ago on . Most recent reply

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Michael Gibson
  • Bluefield, WV
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Tenant breaking lease.

Michael Gibson
  • Bluefield, WV
Posted
I had a tenant contact me and tell me that they need a bigger place to live in and ask if I would write a letter of recommendation for them to move. They signed a 12 month lease and have only been there for 4 months. I told them if they we're breaking the lease they signed I couldn't write them a letter. They then start threatening legal action if I don't give them the security deposit and write them a letter of recommendation to move into another place. My question is do I have to give them the security deposit back? They owe 8 more months on the lease. I'm assuming the deposit is for damages to the property only. But what do I do about the weeks or months of rent I may lose if anything ? I live in WV. This is my first year as a landlord. They have also been late on rent 3 out of 4 months.

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Michele Fischer
  • Rental Property Investor
  • Seattle, WA
1,086
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Michele Fischer
  • Rental Property Investor
  • Seattle, WA
Replied

Tell them that letters of recommendation are not normal practice.  Future prospective landlords will contact you potentially and you can tell them what you want to.  The most important question is "would you rent to them again", and it sounds like a "no".  Tell them to have future landlords contact you directly.

Your lease should cover what the penalty is for breaking the lease.

You can deduct damages, unpaid rent, and lost rent until you can re-rent the unit.  You need to make a good faith effort to re-rent it timely.

It sounds like the tenants don't have a lot of experience with how move outs work.  You can educate them with a move out letter.  Good luck!

  • Michele Fischer
  • Podcast Guest on Show #79
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