All Forum Posts by: Nathan Brown

Check the specifics in your jurisdiction, but there are caveats in leasing laws that allow for emergencies due to health and safety. What the tenant wants is irrelevant. I'd recommend option #3 as that's the least amount of deviation from your lease  agreement. Once you start making exceptions, you make yourself more likely to suffer and/or lose in the event you end up in court over it.

Does your lease stipulate a remedy for tenant breach? Typically you would have the right to send to collections for the entire amount of the lease value. But if you want to liquidate your damages by merely withholding the deposit, that would  probably be the quicker and easier solution. 

It's unfortunate, but the best solution I've found working in the annals of Phoenix has been laying frequent eyes on the property. Locks and cameras don't stop motivated squatters or vandals. That said, some good locks and cameras (even fake ones) do go a long way. Security bars on sliding doors and windows too. 

Red flags? Maybe. I wouldn't necessarily throw the baby out with the bather water here. What we do to manage risk in these scenarios is to require a co-signer or guarantor if they're unable to produce at least two previous landlord references. I would also require a signed offer letter (by both the applicant and the employer).

Of course you should charge it back. It's in the contract and they agreed to that possibility. If they don't pay it, just keep the fee on their ledger and deduct it from their deposit at move out. You're running a business, right? not a charity?

Methinks you're over thinking it. This article gives a good rule of thumb for cost expectations: https://shrinkthatfootprint.co...

Anywhere from $.05 to $.30 to run a load. Raise everyone's rent $10/month and and you've got yourself covered. Besides, in a shared space as you've described, you can reasonably expect the residents to "self-police" excessive use by any of the others. With all the things for a landlord to worry about, this is should be pretty far down your priority list. 

Check your local laws. It is generally assumed that a valid lease agreement will be honored to it's full term. An early move out is considered a breach of contract like any other breach (like not paying rent or unauthorized pets, etc.). Your legal remedies are the same either way (i.e. notice to cure, and then eventual eviction). You can use this heavy-handed option as a bargaining chip in your favor though to negotiate some sort of early termination agreement. The way most landlords do it is to charge an Early Termination Fee "the equivalent of two months rent". Don't call it rent or deposit forfeiture. Call it a term fee, and make it due in full before move out. In this way, you can avoid being accused of double dipping as others in this thread have warned against. Treat the deposit like normal at move out, according to your local laws. And remember as always, get all this in writing with the tenant agreeing to it with a signature!

My two cents: it sounds like the tenant didn't use it as a bargaining chip during the application, so the above "red-flag" concerns from others don't really apply. Not having read your lease, I can safely assume that there's a start date and an end date, yes? So contractually, you are entitled to any and all rents that have been or will be charged during that term. Why people are saying it isn't yours is beyond me. It's not a deposit and doesn't need to be treated as such. Unless for no good reason there's a clause that says you have to refund any prepaids in the event of tenant breach, I'd say deposit it and enjoy your paying tenant while the getting's good!

Save yourself the headache and just get the cheaper appliances. Even better if you can get used for free/cheap in the local classifieds or on facebook marketplace or something. Estimate your increased utility expenses and price the next rents accordingly.