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Updated over 7 years ago,

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3,930
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Max T.
  • Investor
  • Philadelphia, PA
3,340
Votes |
3,930
Posts

Lease violation? Who is in the wrong?

Max T.
  • Investor
  • Philadelphia, PA
Posted
This is for a LL friend. I don't know what is exactly in his lease. It is an annual lease ending 8/1 with a 60 day notice for termination (6/1). So when 6/1 comes the tenant says they are terminating. My friend begins to advertise. Several weeks later the tenants then ask if they can renew. My friend has not filled the unit so he agrees. He sends them the lease to resign. Fast forward to this week. Tenant calls to say they cannot renew. New job out of state. On top of that they say they can't be out by lease end date 8/1. They can move out on 8/20. Friend says tenants expect to forefeit security deposit. Fried has been there recently doing maintenance and says there is no damage at this point other than touch up paint and cleaning. Did the tenants give proper notice? They did at first, but then the plans changed. What leverage does my friend have? What would other LL do? I've recommended that he keep the security, take an extra month rent as fee, have everybody sign off on it and call it a day. In the mean time start finding a new tenant.

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