Tenant wants to move out now & break the lease, help please!

[Amy Martin]

Hi seasoned landlords! 

I have a question for you guys - my tenant told me yesterday that even though the lease doesn't expire until the last day of April, he's signed a new lease somewhere else and is moving out by March 11th. He sent me a text message asking if it's okay for him to break the lease so he doesn't have to pay April rent, because he's paying child support and low on money. 

I told him it's not okay because April 30 is when the lease ends. I also told him that he and I signed a contract, so not paying April rent is a breach of contract. He said he understands, but I'm not positive he will actually pay it. 

The tenants have made the wall dirty and painted the walls weird colors like purple, pink, etc. I have informed him several times (as it is stated in the lease agreement) that he will need to paint the walls back to its original color. 

So my question is - Do I have any way to make sure I can get April rent before he disappears? (Assuming the tenant will leave my property without cleaning up or painting the walls, I will have to spend money to get the place fixed up, which will come out of the security deposit). 

Thanks!

Amy

[Andrew B.]

you fix the place up and rerent ASAP to mitigate damages. any damages are paid from security deposit and a statement as such is mailed out in compliance with your local regulations. then, if your new tenant does not come in until april, you bill old tenant for any days unit was vacant. assuming they paid march rent on time, if you rerent in march, you have to refund any days not vacant. you cannot collect double rent.

in the meantime, tell tenant now that you understand his problems and want to do everything possible to keep it from negatively effecting him, however, he has signed a legally binding lease, and if he does not pay april rent, you will file for eviction, which will stay on his record for 7 years. his best option is to help you get a new tenant in there before april 1...no harm no foul. his next steps need to be cooperating with you so you can get handymen in there to assess damage and plan for turnover. tenant can also make sure everything is as clean as possible, as soon as possible. in no way shape or form should you let tenant repaint or even consider repairing anything. that should only be done by your people.

honestly, he is only leaving one month early, and leaving mid month gives you more time to rehab and get somebody in there by april 1. if he left last day of april, you would most likely experience a one month vacancy. this may be a blessing in disguise, so use it to get someone in for april 1.