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Updated about 6 years ago on . Most recent reply

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12
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Kris Chavious
  • Investor
  • Charlotte, NC
1
Votes |
12
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Tenant moved out early and has stopped paying rent

Kris Chavious
  • Investor
  • Charlotte, NC
Posted

Hi BP Family,

I have this situation and I wanted to know your thoughts... In November, my tenant sent me an e-mail saying that they were moving out on Dec 2, 2018 because they are buying a house. They said they were planning to buy in July of 2019 when their lease expires but the floor plan they wanted became available earlier. They also stated that they know that they are responsible for paying the rent until I find a new tenant. Needless to say, they have moved out and have not paid the rent. The law states just that, the tenant even thought they have moved out is still responsible for rent until the landlord finds a suitable tenant. 

Has anyone experienced this before? I'm trying to figure out my options... 

Can I technically still file for eviction even though they have moved out? Just to get it on record and file a civil suit in small claims court? 

Hire a Collection Agency to go after the past due rent and they can file a collection claim on my behalf with all 3 credit bureaus. 

I still have the security deposit because they are still within the terms of their lease agreement until I find a new tenant. 

What are your thoughts? Just curious to see if anyone has experienced something similar. 

Most Popular Reply

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2,885
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3,370
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Mary M.
  • Rental Property Investor
  • Portland OR
3,370
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2,885
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Mary M.
  • Rental Property Investor
  • Portland OR
Replied

@Greg H. i am an advocate for fair interactions wheter with tenants, customers, landlord, friends, etc. 

This tenant gave notice. Then moved. The LL needs to get the unit rented asap. 

I find it “mean spirited” to go after tenants aggressively as advocated on BP quite often, unless there is some reason (ie tenant destroys unit etc) 

Just chalk it up to landlording and move on to a better tenant 

Note: i did not mention the deposit at all. The deposit should be used to mitigate loss as per the local laws. So if it can be used to pay for the lost rent then use it for that. My comment was soley about evicting and filing suit againt a tenant that is already gone. 

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