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Updated over 1 year ago on . Most recent reply

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Andrew Beckmann
Pro Member
  • Omaha, NE
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Nurse contract cancelled days before move in

Andrew Beckmann
Pro Member
  • Omaha, NE
Posted

Hello BP community!
I realized I need to utilize this resource more when I have situations I'm not sure how to handle as a newer investor/landlord and could use the input/advice of a group of experienced people. 

Here is the situation. I have a MTR. A nurse has signed her lease and is set to move in tomorrow.
I just got a message from her with this scenario:
She had hip surgery in Sept. She was having hip pain so on her way from last contract (Colorado) to new contract (Omaha) she stopped in to see her doctor in Colorado. She was told the hip is not healing well and she needs to be on light duty. She contacted hospital to see if they could accommodate and was told no so her contract is going to be cancelled. 

I feel bad for her, I really do, and yet the lease has been signed and states:

Notice of Termination:
24. If Lessee(s) intends to vacate the Premises at the end of the lease term, or if the lease is month-to-month, Lessee(s) must give at least 30 days written notice prior to the end of this lease, or prior to the date of intent to vacate. If 30 days notice of intent to vacate is NOT given prior to lease term or date of intent to vacate, Lessee(s) are responsible for the equivalent rent amount due for the 30 days after notice is given.


What would you all do?
Do I release her from the lease and just try to get unit rented ASAP?
Do I ask her to pay the one month of rent?
(FYI no rent has been paid yet. It would be due today)

Sorry for the long message but wanted to get all the details so others knew the full story. Thank you all for your help!

  • Andrew Beckmann
  • Most Popular Reply

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    Travis Timmons#3 Real Estate Deal Analysis & Advice Contributor
    • Rental Property Investor
    • Ellsworth, ME
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    Travis Timmons#3 Real Estate Deal Analysis & Advice Contributor
    • Rental Property Investor
    • Ellsworth, ME
    Replied

    Let her out of the lease. It's an unfortunate set of circumstances if it is true. I've been lied to by tenants before, but who cares? That's the cost of doing business. The key to happiness and success is proper expectations. If she has not paid rent yet, she's not going to. You'd be asking her to pay rent on a place that she will not live in at a time where she is probably seeing her income go down due to reduced hours. And regardless of the state (even here in TX), tenants always win disputes like these if it would ever get to that point. 

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