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

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

Amy Martin
GA · Member since 2015 · 34 posts · 1 vote

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

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Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
8y

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.

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  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    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.

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  • Sean McDonnell
    Real Estate Agent · Surf City, NC · Member since 2017 · 648 posts · 597 votes
    8y

    @Amy Martin

    That sounds like you are in a potentially dangerous situation but it does not seem like your tenant has done anything worth serious action yet. 

    With regards to the April rent, you can not ask him to pay it early as that would be in contradiction to your lease. I recommend you wait until the day the rent for April is due before taking further action.  I am hoping for you, he decides to stay until the end of April or at least offers to pay early if he leaves.

    Now with the walls, do you have any indication that he is not going to paint them back to the original color? Was there anything in your lease saying he could not paint the walls in the first place? If not, then you cant really do to much until he leaves. I recommend just reminding him again if he doesn't get the painting done in the next couple weeks. As of now, your tenant has not done anything against the lease.

    Just remember, you are running a business and if people don't respect and abide by the agreed upon rules, you have to hold them accountable. Good luck and keep us posted on how this situation turns out.

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  • Mark Ebinal
    Investor · Allouez, WI · Member since 2017 · 20 posts · 6 votes
    8y

    All part of being a landlord.  I'm always leery of tenants painting, especially on their way out.  If he just tries to quickly do it, he can spill paint on the floors and also get paint all over the wood trim.  Personally, I would tell him that he can leave early but he's on the hook for rent until the unit is rented again or until April 30 if it isn't rented before that.  He's on the hook for the cost for materials and labor to repaint the walls if he doesn't take care of it.  If he should want to paint, he's on the hook for spills.  Etc..  Just be upfront and honest.  The work is a pain, but it's all part of being a landlord.  If it's truly a sore point, then look for a good property manager and pay their 8% fee, if it's worth not having the headaches any longer.

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  • Amy Martin
    OP
    GA · Member since 2015 · 34 posts · 1 vote
    8y

    @Mark Ebinal @Andrew B. @Sean McDonnell Thank you guys so much for answering my question! I do feel better after your posts.

    Just a follow up question: If he moves out by March 11 (he told me he already signed a lease at a different place and will be moving in there on March 11th), and the April rent doesn't become due until April 1, how and where do I find him if I need to file a lawsuit against him? If I can't locate him, then he won't be served....

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  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y
    he gives you a new address so you can send him his security deposit
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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    8y
    Any, If he doesn’t give you a forwarding, send to last known address ( your property), I’m sure he will put in a change of address
    [email protected]407-448-6679Podcast Guest on Show The Key to Scoring Discounted Deals in One of America’s Hottest Markets
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  • Amy Martin
    OP
    GA · Member since 2015 · 34 posts · 1 vote
    8y

    @Kim Meredith Hampton

    That's a great idea. Yes I did ask him for the new address and he wouldn't give it to me. 

    So if I need to sue him for unpaid rent, I will still need his new address first so the sheriff can serve him right?

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