Tenant Early Terminated Lease Without Permisson

Tenant Early Terminated Lease Without Permisson

Member since 2020 · 4 posts · 0 votes

Hello, I have a tenant that wants to terminate his lease earlier. He sent me a 31 days notice already to see if I accept his early termination lease without paying penalties and he said if we didn't accept he would still pay the rent until the lease end, and I responded to him that I would accept it only if I found the new tenants and in the mean time, he still needs to pay his rent until the lease end, plus when the new tenants move-in, I'll prorated rent for him. 

Later, he introduced me some potential tenants. After those potential tenants passed my Pre-screen*. I sent a text message to the current tenant - he preferred text (who wanted to move out) that I may found potential tenant and asked if he wanted to do a walk through at the end of last month. I asked that because I needed him to confirm he would move out before I accept the application fees from the potential tenants.

And after the potential's background check, I found they are undocumented immigrants, I cannot let them move-in. I sent a text to the current tenants said that we would cancel the meeting. Now, the current tenant said that he will not pay the rent anymore plus will not pay the penalties because when I send a text to schedule a meeting for walk through means I accept him to move out. Now, we haven't signed any official paperwork nor finished the walk-through yet,  I still keep his deposit, he move his stuffs out already, but he doesn't let me charge this month rent to this deposit. 

Have you ever had this situation before? Any ideas please? Thank you.

*At first, the mentioned potential tenants gave me all their info, SSN, etc.. That's why I thought they could passed the screening background check 95%. However, the screening company couldn't verify their idenity, their SSN is fake.

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Property Manager · Riverside, CA · Member since 2020 · 107 posts · 65 votes
6y
Two points:

1. Not accepting undocumented immigrants as potential tenants in some states may be illegal discrimination. In CA its' covered under CC 1940.3 I believe.  I would guess is undocumented immigrants don't have much of a credit history, so they would probably fail the credit requirements for most properties for approving new tenants. The other argument is if they can pay, have a good rental history, does their immigration status matter? Would it work to require a higher security deposit to reduce the risk? I don't do tenant reviews / approvals, I am not a lawyer, so this is just a SWAG.

2. Deduct the unpaid rent from their deposit. Since they abandoned the premises, change the locks. Check your local laws on what is considered abandoned, any posting you need to do, etc.


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  • Property Manager · Riverside, CA · Member since 2020 · 107 posts · 65 votes
    6y
    Two points:

    1. Not accepting undocumented immigrants as potential tenants in some states may be illegal discrimination. In CA its' covered under CC 1940.3 I believe.  I would guess is undocumented immigrants don't have much of a credit history, so they would probably fail the credit requirements for most properties for approving new tenants. The other argument is if they can pay, have a good rental history, does their immigration status matter? Would it work to require a higher security deposit to reduce the risk? I don't do tenant reviews / approvals, I am not a lawyer, so this is just a SWAG.

    2. Deduct the unpaid rent from their deposit. Since they abandoned the premises, change the locks. Check your local laws on what is considered abandoned, any posting you need to do, etc.


  • Member since 2020 · 4 posts · 0 votes
    6y
    Thank you Ray.
    1. I agree with you, that's why I deny them. 
    2. The current tenant has not given me the keys yet. But is it true when he said I cannot deduct this month rent from his deposit, because when I set up a meeting with him at the end of last month - means I agree him to move-out without paying penalties?


    Originally posted by @Ray R.:
    Two points:

    1. Not accepting undocumented immigrants as potential tenants in some states may be illegal discrimination. In CA its' covered under CC 1940.3 I believe.  I would guess is undocumented immigrants don't have much of a credit history, so they would probably fail the credit requirements for most properties for approving new tenants. The other argument is if they can pay, have a good rental history, does their immigration status matter? Would it work to require a higher security deposit to reduce the risk? I don't do tenant reviews / approvals, I am not a lawyer, so this is just a SWAG.

    2. Deduct the unpaid rent from their deposit. Since they abandoned the premises, change the locks. Check your local laws on what is considered abandoned, any posting you need to do, etc.


  • Property Manager · Riverside, CA · Member since 2020 · 107 posts · 65 votes
    6y

    @Rachel Miller

    Until he gives you the keys, you don't have possession. It makes his case a lot harder.

    In CA, after the person moves out, you have X days to send a written statement with any deposit refund.

  • Member since 2020 · 4 posts · 0 votes
    6y

    I agree. This case is very weird. Just because I sent him a text to set up a meeting to walk through - since I thought I might have found the potential tenants. Then when I sent a text to cancel the meeting, he didn't accept. Is the text legally? We haven't signed any official paper yet.

    He's not returned the keys to me yet, but he claimed that he move-out already, no more obligation with my property, will not continue to pay the rent (even though his lease contract's not end), will not pay any penalties, and he doesn't agree to be charge this month rent from his deposit. 

  • Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
    6y

    I have undocumented immigrant tenants.. Mine happen to be Mexican, and they can prove identity via Mexican government issued "matricula consular" (forget exact spelling).. they look like drivers licenses sort of. i verified their rental history and income, and collected 2x deposit to make up for being unable to check their credit.  Aside from the difficulty of communicating via google translate, its working out great.  I would gladly take more of these hard working tenants vs some of the locals!

  • Member since 2020 · 4 posts · 0 votes
    6y
    Thank you Nicky.  Since I couldn't verify their ID, they have 0$ income because they use cash for everything, no rental history shown, couldn't check the eviction history, nothing, and their former landlord said that he took a risk renting to them, thus I denied them already. Now, I'm finding a best way to deal with the current tenant. 

    Originally posted by @Account Closed:

    I have undocumented immigrant tenants.. Mine happen to be Mexican, and they can prove identity via Mexican government issued "matricula consular" (forget exact spelling).. they look like drivers licenses sort of. i verified their rental history and income, and collected 2x deposit to make up for being unable to check their credit.  Aside from the difficulty of communicating via google translate, its working out great.  I would gladly take more of these hard working tenants vs some of the locals!

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    If rent is unpaid after the first of the month you begin the eviction process. He has the keys therefore he has possession and must pay rent. He has a valid lease, therefore he must pay rent. If it is not paid, you must evict.
  • Member since 2019 · 215 posts · 122 votes
    6y

    Your current tenant doesn't have any ground to stand on and was just looking for an out.  A judge won't take that text as a binding agreement especially since you denied the prospects for multiple legitimate reasons.  I would complete a walk through to verify the tenants claims (give 24 hr notice).  They could have just left the keys at the property.  You should be well in your rights to hold the tenant responsible for rent, damages, utilities, and penalties until you get a new renter in there.  I would just make sure that all future communication is well documented and you reiterate each time his responsibilities.  

    Also never accept keys back from a tenant trying to break their lease unless its a mutual agreement.  Doing so is verification that you also are ending the agreement.  A tenant leaving the keys at the property or mailing them to your office is not the same thing from my experience in the courtroom.  #NotaLawyer

  • Property Manager · Riverside, CA · Member since 2020 · 107 posts · 65 votes
    6y
    I would also have a 2nd person with you for all interactions, as a witness.
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