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Updated over 6 years ago on . Most recent reply

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Chris Kanady
  • Rental Property Investor
  • TX
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Tenant Left Early - Civil Suit or no

Chris Kanady
  • Rental Property Investor
  • TX
Posted

Hello

just looking for some opinion/experience.  Have owned/rented properties for 5 years now, but just had my first tenant break a lease.

- State of Texas

- Tenants had an 18 month lease, but bought a house and moved out 6 months early.  

- The wrinkle, is I am currently an ex-pat living outside US.  Am returning in 9 months, and need the property as my residence when I move back.  Which means I can only list it as a short-term rental (and everyday that goes by..it gets shorter and shorter;). Tenants had said they would cover rent until a new tenant was found, but our now stating property is not being marketed properly.  I guess they saw it was listed as maximum 9 month lease.

- They did leave the property in great shape

- My property manager has started the process of formal letters/breaking of lease/responsibility for remaining rent etc. 

- If they don't pay and since they have already moved out, I guess my only recourse would be file a civil suit.

- Less the security deposit I would keep, the remaining rent due for the next 6 months would be 19K

- The tenants were high income, but even with a suit, I don't know if they would pay the remaining rent.  My understanding if they don't pay, is that basically it would go on their credit as bad debt/collections. 

So I am wondering if civil suit would even be worth it? Maybe threaten it to see if they do anything.

Thanks

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Anthony Gayden
  • Rental Property Investor
  • Omaha, NE
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Anthony Gayden
  • Rental Property Investor
  • Omaha, NE
Replied

@Chris Kanady

I have had several tenants break leases over the years. I would rather they leave with the place in good shape and have paid me on time the whole time they were there. I have never gone after tenants for lost rent

From your story, it seems like this house is your primary residence? You have a certain timetable when you will need to return, and that is the problem. You have a few options here.

-You can keep this property as a normal rental and move to a new place when you return.

-You may be able to find someone who wants or needs a short term rental.

-You can keep the house vacant until you return.

-You can put it on the market and sell it, and find a new place to live upon return

  • Anthony Gayden
  • Podcast Guest on Show #21
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