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Updated over 6 years ago on . Most recent reply

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Kristy McCoy
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Landlord needs to break the lease before the tenants move in.

Kristy McCoy
Posted

I found a new tenant for my property . Upon signing the lease she provided me with a security deposit .  She did not have the security deposit so she had to get a check from her mom .  One week later it's almost time for her to move in  and she texted me letting me know that she did not have all of the prorated rent .  Note that I said prorated rent . She wanted to pay $79 of it on the 15th . To me that's a huge red flag.  Firrst she could not pay the security deposit, and then she could not pay  first month prorated rent . She has not moved in yet I informed her that I was not comfortable with having her as a tenant any longer. Long story short I wanted to return the security deposit, and find a new tenant.  She sent me a picture of part of her lease agreement and said I was breaching a contract . She said can sue me if she so chooses .  My question is can I have her sign something that states our contract is null and void upon return of security deposit?

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Replied

Just break the lease. People like this don’t have the money to even step into a lawyers office. Don’t overthink it just write a letter she is in breach of the lease for lack of first months rent. If she takes this to court a judge won’t even waste his time considering she hasn’t even moved in yet. Case closed.

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