WWYD? - Breached Tenant Proposes Payment Plan

[Account Closed]

Recently I had a tenant break a lease with 3 months remaining. The unit was in good condition, but she abandoned the property and simply sent in her keys (not written or verbal notice).

I was able to find her new address and her new cell phone. I spoke with her and she said that she doesn't want to go to court and is willing to do a payment plan to pay for the missed rent.

What would you do? Would there be any unintended consequences to agreeing to a payment plan? (ie, forfeiting future opportunity to go to small claims court if need be?)

[Anthony Wick]

Iowa law states a landlord must attempt to mitigate their losses. And, I would want to do that anyway. Get a new tenant asap, and agree to the payments. Get it in writing. If she violates the payment agreement, then file in small claims court. But if you do it right, your losses will be minimal anyway, because you'll have a new tenant. As a matter of fact, unless there is a large amount of damage/clean up, their damage deposit should cover a months rent, and you should have a new tenant by then.