All Forum Posts by: Ciarraghe G.

I haven't been paid twice yet, I've been paid once. The new tenants payment has not been accepted by me. That's why it was urgent, I had the new tenants waiting to see what to do. I decided to amend my lease with the new tenants back to the original 4-1 date, and wrote an additional amendment on their lease specifically outlining that they have a verbal sublease with the prior tenant for the 8 days in March starting today, that we are ok with this verbal sublease and that we are not being paid for those days by the new tenant and any compensation they agreed to with the old tenant doesn't involve us nor does it change the lease agreement with the old tenants. I will not refund the old tenants. If the new tenants want to double pay them then that's their choice. The lesson I've learned from this is that people are con artists, will do anything to get their way, and to never ever be nice to a tenant, it will only bite you.

I have a deposit and first month rent (I don't require last month rent at move in) from the new tenants, we required that when we did the lease for 4/1, there is not a full lease starting 3/24, just an amendment, so I'm not worried about them paying. It's just very very important to me not to pay this amount the old tenants, which is why I'm trying to instead just not accept the extra 8 days payment from the new tenants because I know that would mean the old tenants are being paid twice for the 8 days. Once by us and once by the new tenants. I'm trying to find any way I can to avoid it.

Oh and the new tenant had to move in early because their house was sold and closing was early, they needed to get their things out ASAP.

I haven't actually accepted the new tenants payment yet, so I've technically only been paid once at this point. If I void the 3/24 addendum with the new tenant the I think the issue goes back to being between the new and old tenants, correct?

I prefer to refund the new tenant, I absolutely do not want to refund the old tenant. I'm not trying to make extra money on this, I'm trying not to get sued, and not give away money I don't have to. I'm not a business, I have just this one rental. They went behind our backs and made this deal, completely disrupting our life and causing me to have to pay someone to do the turnover of the unit that I normally would do myself, since they made us turn over mid week and we both work real jobs so we couldn't do the work and simultaneously go to work. Now she's trying to extort money out of us. She's already been reimbursed the days she's out, she agreed with the new tenant to accommodate them and in my opinion that's not my problem. The new tenants paying is was the new tenants idea, we did not ask them to do this. We gave our permission after they had already made their agreement because the new tenants were desperate. Our lease expressly prohibits subleases without our permission so their agreement is technically in violation of this. This is a crisis to me because I have to get this fixed today, and the old tenant already got a lawyer. For my family the risk of a legal altercation is a crisis.

Need some urgent advice, today if possible. Our tenant's lease ends on 3/31, it is paid up through the end of the month. The new tenant's had a lease that was to begin on 4/1. The new tenant contacted the original tenant to negotiate that they would pay them an undisclosed sum to move out early (3/24) so that they could move in early. We agreed that this was OK with us, as it was only 8 days early, and agreed to rearrange our lives to help make this happen as a goodwill gesture.

We did the final walkthrough with the old tenant yesterday upon their move out. The new tenant moved in today.

We signed an addendum with the new tenant to start 3/24, and they paid us the amount of rent for the 8 days extra that they will live there.

Are we required to refund the old tenants the amount they paid us, when the new tenant has already reimbursed them directly? The old tenants are now demanding reimbursement from us (as well as also contacting the new tenants for more money) for the 8 prorated days when the new tenant has already reimbursed them.

Is this actually better handled as a sublease and should we void the addendum and instead sign some sort of sublease acknowledgement and send that to the prior tenants? We feel that it's unreasonable of the old tenants to ask for reimbursement from us and the new tenants. We also don't know if since we've been paid in full by the prior tenants who've verbally agreed with the new tenants an unknown contract, if we're able to accept the payment they are giving us for the 8 extra days.

Not sure if it's relevant but our lease with them clearly states that if they leave the lease early they are required to pay us 2.5X the monthly rent amount as a lease break fee. We have not addressed this with them at this time.

We discussed with a lawyer who assured us that we are in the right to keep the old tenant's full month payment, as well as the new tenants payment and that the old tenant has been reimbursed already so there is no need to worry. But I'm still wondering if I can trust this advice.

Help? Thanks