What to do when a tenant in a lease moves out

Question

Hello! My maintenance man was at the property today and a tenant told him that another tenant is moving out tomorrow. That person is still in a lease that lasts until this summer. If they are in fact moving out, what do I do? I know they’re legally obligated to pay rent, but what do I do first? Contact the tenant? Do I need to get a lawyer? I’m fairly new to LL and would appreciate advice!

Julie Hartman · Answer

If the lease is thin then you may only be able to get damages back. Let's hope they indeed move out if the place is in rough shape. You can fix it up and get it rented to someone of your choosing using your lease agreement which will be suited to your needs. Just as @Theresa Harris said, itemize the repairs they were responsible for so you can try to collect on those at the very least. Try to get them to tell you where they are moving to so you have the forwarding address for collections if you need it. We usually lead people on with "we need your forwarding address for any remaining deposit funds". Money is a good motivator. Sorry you are going through this. I hope if works out.

Theresa Harris · Answer

If the previous lease is shoddy, just focus on getting the place fixed up and rented.  You can probably increase the rent if the place was in poor shape and they'd been there for a while.  They are normally required to give 30 days' notice, so if you can't get it fixed up and re-rented within that time, itemize the charges and take it off the deposit.  Keep in mind they've paid rent for the rest of Jan.

Kaybreh Mathis · Answer

@Kyle J. How do I enforce them continuing to make rental payments? This tenant is moving out thinking that she won’t have to pay me anymore.

Kaybreh Mathis · Answer

@Julie Hartman and it’s also in poor condition

Kaybreh Mathis · Answer

@Julie Hartman this is an inherited tenant, and the lease they signed with the previous owner is shoddy at best. It doesn’t stipulate “what happens if you break the lease and move out early.”

Kevin Hunter · Answer

@Kaybreh Mathis, verify the info.  Either call the tenant or go to the unit tomorrow.  Once you verify, get the unit on the market and get it re-rented.   Do all necessary repairs, get it ready to go, and market it.  All you can do......

Colleen F. · Answer

@Kyle J. laid it out for you. Keep in mind the main two things that govern an early move out are the lease and your State's laws.  Become familiar with them and follow them.

Julie Hartman · Answer

After you confirm the information, I would consult your lease agreement and see what it says about breaking the lease (penalties, etc). I would think they are on the hook for a re-letting fee and possibly rent through the end of their agreement period plus utilities. If they are indeed moving, then be sure to follow the laws of your state in how you treat the deposit. Hopefully they leave it in good condition so you can turn it over quickly.

Kyle J. · Answer

The first thing I'd do is contact the tenant who is reportedly moving out and attempt to confirm the information.  You could be worrying for nothing.  However, if they are in fact moving out, I would just deal with it.  After all, it happens.  Tenants move out for any number of reasons and you can't stop them.  Here's a few things I would then do:

I would confirm with the tenant exactly why they're moving out early (since there can be some legal reasons to break a lease early - like military deployment, victims of domestic violence, etc).  However, more than likely, they just want to move.

I would then confirm exactly when they plan to be out and arrange to pick up the keys and do a walk-thru on that date.

I would make sure to get their new address.  Tell them you need it to forward any remaining balance on their security deposit to them, any mail or packages that still come addressed to them (remind them to forward their mail by the way because they likely haven't done it if they're moving last minute and you don't want to deal with all their mail), or whatever else will convince them to give you their new address.  While you do need it to refund any remaining balance on their security deposit, or an accounting of any deductions if you end up keeping the entire thing, the real reason you need it is because there could be monetary damages and additional rent they're liable for (since they're breaking the lease).  And - if you end up having to sue them - you need to know where to serve them.

After you get the above info, remind them that they're still responsible for the lease/rent until you find a new tenant and begin renting the property again.  Have some agreement to stay in contact with each other so they know the rent payments need to continue, and you need to be sure to let them know when they're off the hook so you don't "double dip" the rent (collect from them and the next/new tenant).

Don't get angry.  Just be professional and wish them well.  After all, things happen and you want to stay on good terms because you want them to keep making the rent payments.

Lastly, get the unit cleaned up and rent-ready, and get it rented again!