Tenant broke lease wants to move back in (special circumstances)

Tenant broke lease wants to move back in (special circumstances)

Columbus, OH · Member since 2017 · 101 posts · 56 votes

I had a tenant, about 6 months ago, whose brother tragically committed suicide in the home. The tenant informed me that he could not afford rent because of his brother’s funeral expenses, and that he could not bare to live there after the incident. Due to the circumstances I of course let him out of the lease with no further questions asked. Other than that, he was a great tenant. He paid rent, didn’t cause any trouble, left the place clean, and communicated with me during that time.

He texted me this morning asking if I had any apartments available, which I will in about a week, but I’ve increased the rent a decent amount. If I check his employment and he meets the income requirements, I’m not so much worried about him paying rent.

Part of me feels that I should rent to him again because all and all he was a good tenant, and then part of me feels that renting to someone six months after they broke the lease is a bad idea regardless of the circumstances. I almost feel bad even thinking twice about this due to the tragic circumstances that led to him breaking the lease, but at the end of the day I have a business to run.

Experienced landlords, what would you do in this situation?

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Investor · Memphis, TN · Member since 2013 · 741 posts · 845 votes
7y

@Joshua Biondi, good question! Personally, if he was a great paying tenant and he tragically had someone pass away unexpectedly (if you believe that story, I have actually had a tenant lie to me about a family member passing) and that caused him to break the lease, I would rent to him again. Having something like that happen can certainly throw your world into a tail spin and now that the storm has passed he is likely stable again. Of course, you are still going to do all of your normal screening and if he checks out at the new rents, he will likely perform how he has shown he can perform. One isolated incident shouldn't disqualify him especially since he communicated well and left the house in great condition. This is a great guy who has passed through a difficult time!

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  • Investor · Memphis, TN · Member since 2013 · 741 posts · 845 votes
    7y

    @Joshua Biondi, good question! Personally, if he was a great paying tenant and he tragically had someone pass away unexpectedly (if you believe that story, I have actually had a tenant lie to me about a family member passing) and that caused him to break the lease, I would rent to him again. Having something like that happen can certainly throw your world into a tail spin and now that the storm has passed he is likely stable again. Of course, you are still going to do all of your normal screening and if he checks out at the new rents, he will likely perform how he has shown he can perform. One isolated incident shouldn't disqualify him especially since he communicated well and left the house in great condition. This is a great guy who has passed through a difficult time!

  • Columbus, OH · Member since 2017 · 101 posts · 56 votes
    7y

    @Stephen Akindona

    I’m thinking the same thing, but I always like to get feedback from members here on BP. I know for a fact that he’s not lying because it happened in the unit and I arrived to see the police and paramedics.

    It was a truly sad situation, and his reasons for leaving were completely valid. Still, anytime someone breaks a lease there’s a slight uneasy feeling. I think he’s a decent guy that had something bad happen to him. If he meets rental requirements I’ll likely rent to him again.

    Thanks for you input!

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    One way to think of it, if it happened in/to some one else's property, there would be no paper trail. If you ran your usual background and screening, would you rent to him?

    I would highly recommend that you run the full check on him just like you would a new unknown tenant as you don't know how far out of kilter he went after the incident.

    He probably would like to rent from you again as you were sensitive to his previous situation and you made some points with him.

  • Columbus, OH · Member since 2017 · 101 posts · 56 votes
    7y

    @John Teachout

    That’s a good point. I’m going to run through the regular screening process just like I would anyone else. Before moving forward, I’ll explain to him that there will be no way that I could permit him to break the lease again, regardless of the circumstances. As long as he agrees to this, and passes the screening process, I’ll rent to him again.

  • Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    @Joshua Biondi

    I would not rent to him again. Wish him well, but don’t risk your business or income.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    I wouldn't have a problem renting to him assuming nothing else has changed.  His reason for leaving was completely understandable and you know what he's like.  Tell him you have a unit coming up and how much the rent is and go from there.

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    7y

    I'm curious, when he broke the lease last time - were you out any money for lost rents or did he pay for the unit while you had to remarket it and turn it over?

    If I was out some money from his breach six months ago, I would take that into consideration.  If he made you whole (as he should have) that would be another story.

  • Matthew DennehyPro Member
    Concord, NH · Member since 2016 · 86 posts · 82 votes
    7y

    I would say it comes down to how they left things on the way out the door. There are legitimate reasons why people need to break a lease and move. It would be unreasonable to expect everyone to plan for every contingency and stay no matter what. The real question is whether they packed up and moved out in the middle of the night or if they did it the right way. If they let you know they needed to leave and paid through a mutually agreed upon date or timeframe, then they haven’t done anything wrong. They are just making the best of a bad situation.

    So you can tell them you won’t allow another broken lease, but if they have a parent that dies and they have to move out to care for the existing parent, that may be something they have to deal with. Sometimes bad things happen, and sometimes they happen multiple times.

    In sum, if you know something unfortunate happened and the tenant tried to do the right thing and work with you, then you can’t really ask for more than that. Just re-screen like you would a new tenant, and outline the same standards again. At the end of the day, if you aren’t losing money, then no harm no foul.

  • Columbus, OH · Member since 2017 · 101 posts · 56 votes
    7y

    @Wesley W.

    He signed the mutual lease termination and vacated as he said he would. He had only been there about 4 months so there was virtually no turnover costs. I rented the unit again within less than two weeks.

  • Columbus, OH · Member since 2017 · 101 posts · 56 votes
    7y

    @Matthew Dennehy

    I agree with that. He did everything the right way, so as long as his income qualifies, and no evictions show up, I’ll likely give him another chance.

  • Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Joshua Biondi:

    I had a tenant, about 6 months ago, whose brother tragically committed suicide in the home. The tenant informed me that he could not afford rent because of his brother’s funeral expenses, and that he could not bare to live there after the incident. Due to the circumstances I of course let him out of the lease with no further questions asked. Other than that, he was a great tenant. He paid rent, didn’t cause any trouble, left the place clean, and communicated with me during that time.

    He texted me this morning asking if I had any apartments available, which I will in about a week, but I’ve increased the rent a decent amount. If I check his employment and he meets the income requirements, I’m not so much worried about him paying rent.

    Part of me feels that I should rent to him again because all and all he was a good tenant, and then part of me feels that renting to someone six months after they broke the lease is a bad idea regardless of the circumstances. I almost feel bad even thinking twice about this due to the tragic circumstances that led to him breaking the lease, but at the end of the day I have a business to run.

    Experienced landlords, what would you do in this situation?

    I would rent to him again.

    I've had tenants move out with "special circumstances" and would rent to them again.  One guy rented a house for about two years, lost his job, paid late one month, then told me he wouldn't be able to afford the rent for too long with his new job with lower pay.  He gave me enough notice, paid up his rent, and I let him of his lease.  Two years later, when the tenant I moved in after him moved out, he happened to call and ask if I had a place for rent.  He had a better job with better pay. I rented the same house to him again.  He's been there about four years now this second go round.

    I knew him to be a decent, honest guy who took care of my property. We got along well, we communicated well, and we never had any problems.  When he hit a bump in the road of life, he was honest and direct with me.  There's really not much for me to complain about that.  He could have lied and paid late and made excuses and whatever.  Instead, he told me man-to-man that he couldn't pay and said he would move.  Why would I refuse to rent to a guy who passed my criteria?

    Trust your gut on this.  You don't seem like a newbie.  You probably have a good sense for the tenant game.

  • Columbus, OH · Member since 2017 · 101 posts · 56 votes
    7y

    @Randy E.

    Knowing that you’ve had a good outcome in a similar situation leaves me a little more at ease. You’re right, a low point in life isn’t necessarily an indication of irresponsibility, and he’s shown he’s willing to communicate which is key.

    We all know how hard it is to find good tenants. I’m gonna go ahead and trust my gut. Thanks.

  • Rental Property Investor · Cleveland, MN · Member since 2017 · 518 posts · 354 votes
    7y

    I would rent to him again. I cannot imagine my brother killing himself in my home. I don't know that I'd be able to go back in there either. All I could see is him the way I found him.

  • Rental Property Investor · Baltimore, MD · Member since 2019 · 84 posts · 23 votes
    7y

    Don’t treat him like you have signed a lease before. Just treat him like a new tenant. Do the background research and other work.

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