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Updated over 7 years ago,
Inherited tenant, unresponsive, breaking lease, what to do
I apologize for the jumbled subject line.
So I am posting just in case anyone else is new and having the same/similar issue(s). We inherited a tenant with our last purchase. She was on a month to month lease so we agreed to keep her on. We had her sign a new lease, received rent timely, and everything seemed fine. When we purchased the home (SFH 4/2) she had complained about squirrels in the attic. No, problem we had a pest control person come out and found out there were roof rats and squirrels. Pest control sprays and says they will be back out in a couple weeks to check on the progress, etc. Well the tenant then claimed that the home was no longer inhabitable. We have had this property for 2 weeks, have been actively updating the home, and she has been living in the home for almost 3 years. We said per our lease, she is welcome to break the lease and suffer no penalties, and that we would prorate her rent depending on move out date. I felt like this was fair to everyone. Unfortunately, at this time she started threatening to call the health department, saying that the pests were causing her son to have asthma, that we paid people under the table to have it pass inspections...it was a lot that was relayed to me via our PM. I told her that I was sorry, but our lease specifically addressed her issues and that she had signed the lease that the home was in good condition and that was our best offer she would receive. She had asked for us to give her money back for living in the home in that condition, for us to move her to one of our other properties, or to just give her money to leave.
Eventually she said that she would like to break her lease, We agreed that we would waive the obligatory 30 day written notice that the lease requires in this instance due to her feeling the home was not in good repair, and that she would have to be out by October 5th, or be liable for all of October's rent in addition to losing her deposit (all spelled out in the lease).
This was about a week and a half ago. During that time we have tried to arrange for other maintenance appointments, but she will cancel at the last minute, or say that she is unavailable all day. Over the past two-three days, we have messaged her numerous times and have received no response. At this point should I just bide my time until October 5th? Or should I continue to reach out?
*I checked with the pest control person and the HVAC maintenance man and neither mentioned anything egregious in terms of mice, maintenance, or otherwise*