Can a Tenant Really Terminate Via Text?

Question

I went into a Month-month lease agreement w/ a long-term tenant once the annual lease was ending. I had mentioned I needed to think about listing/selling the property. This sale/listing decision was considering they said they can no longer buy the property as they had been verbally promising since they moved in as tenants. Shortly upon the new month to month lease agreement, this tenant then sent me a lease termination via text only 15 days in advance to terminate, versus the 60-day written notice stated in the newly signed lease.  Then, to further throw off my new recovery plans (figured I get to work and repair their damages and re-list it), 5-days before the said they were supposed to move out, they texted stating the closing on their new house was moved to the following week, so they had to stay for at least another week.  They Also informed me via text they would then ”pro-rate” the monthly rent to make up/pay for their new, added time at the property.  I honestly never handled this kind of ”hold-over” situation and admittedly, did not respond accordingly.  They also never provided me a new address until today (12 days since vacating), also through text, asking for their security deposit back and to be mailed to their newly purchased home.  I feel like there's several violations here.  One, sending termination via text.  Two, not sharing the new forwarding mailing address until now (12 days after move out) also via text.  Three, they stayed beyond the date they informed me of their move/termination.  And four, 15-day notice versus 60 days as stated in the lease.  So have they ”abandonded” the property and do those laws apply (because the text notices maybe weren't legal?), or are they to be treated as hold-over tenants and will those laws apply (3x’s the daily rent for each day, plus legal fees as stated in my lease) or do they owe me 60 days of rent from the time of notice, if text messages truly do suffice.  Or is 15 days notice ok on their end legally, regardless of the lease but then what about the extra time they stayed with such short notice?  I had to rearrange all my contracting work plans. Not to mention I had to remove the property’s listing with my real estate agent because they were smoking in the unit during showings and also said they couldn't help but have their moving boxes stacked everywhere (making showings near impossible, the boxes could have been placed in the basement or garage)...so annoyed.  Anyway, I'd rather not pay a lawyer and hoping someone can share their experiences.  Ps. This is a PA property. Thanks for your input in advance!  Mandee

Erik W. · Answer

@Mandee H., I'm going to be the odd man out on this one.  But first, let me clearly state that if ANYTHING I say below doesn't follow your state's laws, don't do it.  That said...

1) This is a case of "wimpy lease-itis".  Your LEASE should address what is considered valid written notice.  My lease is 100% clear: "Notice must be handwritten or typed and physically signed and dated.  Once notice is given, it cannot be retracted or modified without land lord's express written consent."  That alone would have fixed 75% of the problems listed in your post.  I highly recommend fixing your lease so this kind of issue doesn't come up in the future again.  Learn the lesson this time.  Btw, I do accept scanned images or pictures of written notice sent as email or text attachments.  The method of delivery isn't as important as having a signature that I can compare to the original on the lease.  If the signatures match, then I have signed, written notice.  No signature = no written notice: period.

2) You can't treat electronic communication the same as actual written.  Why not?  What if a friend of theirs picked up their phone and sent the text as a practical joke?  What if their crazy teenage kid who got mad at them decided to play a prank for revenge?  You have NO PROOF who sent that text: all you have is it came from a phone number that at one point in time you knew was associated with that person, but who knows who has that phone and that number today?

3) My lease is clear that failure to give proper notice means the lease continues "as is" with no notice being recognized.  To that end, they would still be owing me rent until I find a renter to replace them.  I base this on the "timid land lords raise skinny kids" philosophy from a veteran land lord/friend of mine who manages over 180 units.  Why else have a monthly/yearly contract if you intend to let them walk away at any time?  Get PAID!  People who leave cell phone contracts early pay buy out fees.  People who rent cars and return them early do not get their money back prorated.

4) Who is in the driver seat in your lease relationships?  I see a lot of "the tenant TOLD ME...X,Y,Z" in your post.  No, that's not how it works.  The LEASE spells out how things work.  When tenant say things like, "I'm going to do X" I politely respond with, "please see paragraph 15 in our lease agreement that covers this.  We both agreed that this is how we were going to do business and your cooperation is appreciated!"  And THAT'S IT.  I do not argue, I do not waiver.  The deal is the deal.  The lease is the lease.

At the end of the day, this is Land lording 101 stuff.  Tenants try to make up and change rules all the time to make things better for themselves.  Your job as the Manager is to manage the relationship, not bend over backwards or curl up in a ball when tenants do what tenants do.  The lease spells out your relationship.  Enforce it, kindly, politely, and firmly.  Your profits will grow and your stress will drop, I promise!

I hope this helps!

Max T. · Answer

@Mandee H.

Don’t waste another iota of mental energy on thjs.

Charge them for the days they occupied the property.

Charge their deposit for damages beyond normal wear and tear.

Return the rest and focus on the turnover/new tenant.

You will sleep better this way instead of stressing about a few dollars.

John Teachout · Answer

Of the issues you listed. Communicating via text is probably not an issue. They communicated with you and what means isn't going to make a big deal to a judge. You'll have to familiarize yourself with your state laws on notification periods for a rental agreement (what you had since that's technically not a "lease"). Here in Georgia, on a month to month, the tenant can provide a 30 day notice but the landlord must provide a 60 day notice. What do your local laws state? You got jacked around some but I'd make sure I got rent for every day they were in the unit, bill them for the damages and move on. It is vital that you deal with the security deposit EXACTLY as required in your state laws. Don't screw that part up.

Jonathan R McLaughlin · Answer

@Mandee H. @john Teachout  has it right. Put aside your annoyance, what were your actual damages? Fairly minimal.

Mitigate the smoke with a professional contractor and, assuming your lease said no smoking” send them the receipt along with the security deposit appropriately deducted.

In the middle of Covid I don’t think u are going to get far (and shouldn’t) with a judge talking about a 15 day difference in notice.

They are out, you can rent it, move on.

Jon Kelly · Answer

@Mandee H. Check with a lawyer or quick search on the PA laws, but my inkling is if you and the tenant previously communicated via text, the judge would likely rule it written communication. If this is the first and only time a text was sent, and you didn't respond, it may not be considered written communication.

Good news is the tenant is out and you can likely freshen up the apartment and increase your rent. Don't let this one incident slow you down.

Joe Splitrock · Answer

@Mandee H. there is a couple considerations here. First of all, I would make sure state law allows for 60 day calendar notice. Secondly, it is important that you responded to the notice citing your 60 day clause. I let tenants give written notice via either e-mail or regular mail. If someone sends me a text, I ask them to follow it up with an e-mail or mailed notice. I would be less worried about the format of the notice at this point. Let's assume you and the tenant agree that a text is acceptable as written notice (courts are mixed on this, but if both parties agree on the communication, it is really not an issue).

Ultimately they didn't give 60 day notice and that is the problem. My security deposit return letter would deduct any damages, cleaning and unpaid rent. I would consider the remainder of the 60 days as unpaid rent. Send the notice via certified mail. Text them telling them that their security deposit disposition has been sent via certified mail. This will encourage them to sign for the certified mail. Inside will be a bill for unpaid rent. It is your decision how hard you want to work to collect that money. You can take them to small claims court or pass it off to a collection agency. Or you can drop it and move on.

Chris K. · Answer

@Mandee H.

I don't remember the citation, but I'm fairly sure there is Pennslyvania caselaw stating that an email constitutes "written, signed" writing. Not sure about text messages.

In terms of this situation overall, I would try to focus on getting them out and perhaps following proper steps to keep the security deposit. You could try to charge them for holdover rent but actually collecting it can be a challenge.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

Zachary Ray · Answer

I would say all notice to vacates should be in writing. Whether it is 60 day notice or 15. You would want it to stick.

Theresa Harris · Answer

@Mandee H.I wouldn 't worry about how notice was given, rather that they didn't give the 60 days' notice required in the contract.  If they exceeded that (and thankfully you didn't have someone waiting to move in), then you need to decide the rental amount for the holdover.  Normally this is higher than the prorated rent, however, they also did do 60 days' notice.

I'd leave it for now as they are probably out, but do NOT return their full deposit.  They have to give 60 days' notice (even if you reduced it to 30 days), and are required to pay rent for that period, so take it out of their deposit.

Ian Walsh · Answer

For residential leases, if a tenant wants to leave, the way they give notice is usually the least of concern.  Usually there isn't much that can be done or worth pursuing.  Efforts are usually best spent on moving forward.

Can a Tenant Really Terminate Via Text?

Most Popular Reply