Originally posted by @Andrew B.:
If there are damages, not including wear and tear, your first line of recourse is the security deposit. Anything after that, you send them a bill and follow up through small claims.
You cannot just decide, "I will bill you the full lease if you don't leave it in good condition." There are other avenues to recover a broken lease, completely separate from this discussion.
Now, as part of the lease break process you could both sign an agreement stating the above, but you are now giving up your ability to sue for lost rent. The tenant is already on the hook for damages, so you gain nothing by signing the agreement.
Andrew, I don't believe there are any damages outside of normal wear and tear, But I do believe there is smoke damage from smoking in the non-smoking property. And I've been told by neighbors of suspected drug use. So, I'm speculating that there may be damages.
Can I not include in the lease termination that 1) the security deposit is forfeited to help recover lost rents (because she's not been paying) 2) If the property is returned in normal condition i'll forgive the lease balance and if not I will pursue the balance?
I am willing to offer forgiveness of the lease balance to get her out so I can get a paying tenant in, without going through eviction, etc. But if there are damages Im saying I will pursue the balance of the lease to cover those damages if they exist..
Please advise?
