Advice for landlord

[Richard Bader]

I had a family move in one of my rental homes last November. I had the tenants sign a years lease. Since then they have complained and wanted various minor repairs done. When I would try to schedule someone to come make the repairs they were really difficult, every time was a bad time.. Then they always questioning whether I had the right permits when none of the items required permits. Then they would call the city to verify I did not need permits. They were also very rude to the people making the repairs and would say they wont go back. When a problem arose I responded the same day and try to make the repairs quickly. The couple had 5 children and seemed really nice until the lease was signed. Since then they have had another child and all are in a 3 bedroom home. Today I got a letter saying they are moving in the middle of September. She stated she will pay me a half a months rent for September and she was going to break the rest of the lease because the house is unsafe for her children. She stated that some spindles on the deck were gone and her child fell through them in May and had to go to the emergency room. She did note on the move in sheet that some spindles were gone, but when I said I would fix them she said don't worry about it because they were going to run some netting across the deck. Its hard to believe her child fell 3-4 months ago and she never mentioned it to me until now. They have a contract on a new home and that is the real reason the are moving. She stated she wants all her deposit back also. I fill she is trying to strong arm me. Do I just let them go lose a couple months rent or fight back?
Thanks for any help

[Jon Holdman]

Repeat after me: Month to month leases!

Does your lease provide a lease breaking fee? Mine does, equal to the deposit. I can guarantee that anyone who moves out without proper notice will not get anything back. My lease also provides that they owe me the rent until I re-rent the place or the lease ends, which ever is first.

I also have 30 days to return the deposit. NOBODY gets it when they leave.

Let them leave. After they leave, do your make ready. Cleaning, any fixup, etc. Get all the utilities caught up, if they're your responsibility. Water, for example, in lienable, in our area. Put together a letter summarizing any charges, lost rent, lease breaking fees, etc. Surely in this case they will own you, on net. Mail the letter to their last known or forwarding address.

If you don't get the FULL September rent as scheduled at the beginning of the month, post a pay or quit and start the eviction process. In this case, I'd refuse a partial payment. All or nothing, and for the full month.