Ditching Last Months Rent
My current tenants (who are breaking their lease) are moving out. By law (CA) im assuming, they are obligated to pay rent for the duration of the lease, or until I get another suitable tenant to replace them.
But this month, i recieved no rent check. They usually paid promptly, and never had to worry about this. After calling them, they stated that they are not paying the rent, and to take it out of the deposit, which the lease says they can NOT do.
They tell me they are showing the place, and trying to find a replacement. I dont need them nutty during this phase, as it will be hard to rent the place if they are not cooperative.
How should i proceed?
Any and all information is welcome and appreicated!
thanks!
politely explain to them what the lease states. Also, explain that they would need to pay the lease if it not re-rented.
Taking last months rent out of the deposit is unacceptable. What happens next month when they don't pay? They are, after all breaking their lease, so what makes you think that they will pay next month?
I would do what the above posting suggests and talk to them politely. ThenI would give them a 72 hour notice or whatever is called for in your state, if you don't know how to do this find a specialist lawyer in evictions this is usually 100-200$ and pay close attention so you can do it next time.
At all times be polite but firm. No exceptions. They need to pay now, and are responsible for their lease, period.. If they refuse to honor it get an eviction and a small claims judgement against them. Send a letter to a credit bureau with the default judgement etc.
ANy time I have done other than this I have gotten screwed, every time.
Luck!
[addsig]
You may want to visit NOLO Press in Berkely. They also have a web site. They carry Landlording books w/CDs and all the forms you will need. You need to make your move now! You can start Eviction as they havn't paid this mo rent. Probably run you about $800.
Thank you al for your advice!
Since they are already moving out, by performing an eviction, would i be accepting the termination of the lease? Then they woudlnt be obligated to pay for the remainder of the term (2 years).
But maybe they wouldnt like the eviction being on their records, and small claims court will allow me to get what ever funds i have lost during this process.
The rent is over 2000 a month. Is there, or does anyone know the maximum amount of compensation for Small Claims?
I think they are on their way out this weekend. Should i wait until they are all moved out before sending them the eviction documentation?
And by accepting the keys back, or performing a move out walk through, am i releasing them of their obligations of the lease?
Anyone know of a good eviction lawyer in the Los Angeles area?
thanks!!!!!!
put everything in writing.
if you tell them something, back it up with
a handsigned letter stating same, and present it to them.
In Georgia when you evict a tenet you can no longer collect rent from them but that doesn't mean that you cannot sue for the full amount of the Lease.
I write an abandonment clause into the lease that if there isn't due notice the deposit is forfeited. Start the eviction process ASAP, otherwise they might stick around. Remember, they don't HAVE to leave until you evict them.
BTW, you can report their mis-payments to the Credit Reporting Agencies.
You should send the tenant a Three Day Notice to Pay Rent or Quit. You are correct in that they cannot apply the depost (that's for AFTER they move out and you inspect the property for damage). You are also correct that per the terms of the lease, the tenants are obligated to compensate you until the unit has been rented as long as you are showing due diligence in getting it rented. While their effort to find a tenant for you is a nice gesture, any candidates still have to go through your screening process and be approved by you. In other words, just because they find a tenant, their obligation to pay does not end until you have a tenant that you approve of who has taken occupancy.
Make sure you fill in the 3-Day Notice properly, or a judge could throw it out in eviction. We serve EACH tenant on the lease since they are jointly and severably obligated.
If they pay during the 3 days (plus late fees), you have to accept. If not, begin eviction proceedings through a lawyer. Do NOT lock them out, threaten them, or otherwise compromise your position. The lawyer will advice you on the termination notices you have to give, based on where you are in CA.
BTW, small claims court maximum is $5K in CA.
if i were you, i would take them to court and report them to your local apartment owners association to make it harder for them to rent... just plain make their life a living hell for screwing you. if you can get it put on their credit report and call a collections company...
[addsig]
Hello Latestart,
You did not state why the tenant wish to move out. How long they lived in the unit? If they paid on time while living in the unit. Are they good tenants?
As a landlord I don't set out to stick it to people that need to move for one reason or another. I look at it as part of doing business. You will have the unit rented again in no time flat. Sure you have to have the unit prep'd for the new tenant, but that is all good as well. All of the money that it cost you to prep the unit is tax deductable. Don't sweat the small stuff. If you remain in the rental business you will get screwed somehow, some way. I just learn from it and try to not let that happy to me in the same fashion a second time.
Sure 2 long ones is a lot of money, but you will make it up in one way or the other. You can start eviction process if you think they are not going to move out as stated. If they are moving because one of them lost their job, then I would say you have little chance of collecting money from them even if you sue them for the lost rental income.
Again I would just look at it as par for the course and move on to the next real estate venture. Being a landlord ani't easy, but some one has to do it