Tenant breaks lease earlier, claiming to have sent me notice.

[Account Closed]

Here is the story. My tenants were 2 days late on the rent, when I texted them with the unavoidable question I got a reply "Hi, I sent you a memo back in June that we were leaving mid. August "

What??? I never got any memos. And how can I prove that???

Turned out the tenant's husband got cancer for the second time, which was the reason for them to lose their house years ago. From her words she doesn't know how long he got to live.  They can no longer stay at my property. 

My husband promptly posted Notice to Quite on there door, to protect ourselves in case they would not move out like they say. I was instantly excused of being unprofessional and heartless. 

Now they have to pay $ 2000 in early termination fee according to the contract. I know I will never see that money. And I know they will probably ask for the deposit back.

I feel very bad. After all they were alright tenants.

What would you do  next?

[Marcia Maynard]

I would tell them that I was sorry to hear about the husband's health situation.

I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.

A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.

The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.

I would keep them accountable for August rent, but let them break the lease and move-out without penalty.

I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.

I would also, provide them with a community resource list. As they will need many services and other support at a time like this.