Landlord situation advice please | TigerDroppings.com
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Zilla
LSU Fan
Friendswood, TX
Member since Jul 2005
10087 posts

Landlord situation advice please

1st time landlord here ....So I agreed with my initial tenant to knock $100 off the lease if they signed a 2 year...no brainer... 11 months later, they want out (job transfer) ... kind of sucks b/c I agreed to the $100 off and I even OK'd dogs b/c I figured I'd be replacing the carpet in 2 years anyway and I really liked getting a 2 year lease, but now I'm going to have to replace it sooner than I expected.... so, in this understandable situation, most landlords would come up with a settlement of sorts to let them out of the lease right? what would be a reasonable settlement to let them out of the lease?

I was thinking I would require them to pay 2 months additional rent ...1 month to make up for the $100 off I gave them, and 1 month penalty since I will now go at least 1 month with no tenant... neither of these things are spelled out in the lease...only thing in the lease is that I can come after them for the full term of the lease ... thoughts on this ?

(also, security deposit is not at play here, totally separate that will be returned if place is fine)

P.S. 3br 2ba nice house off Old Jefferson if anyone is interested (lsucity-1 at yahoo)


RunningBlake
Arkansas Fan
Member since Aug 2011
2146 posts

re: Landlord situation advice please
Keep deposit

I say that because I believe you will have a very hard time making them pay additional rent.
This post was edited on 6/4 at 9:11 pm


Zilla
LSU Fan
Friendswood, TX
Member since Jul 2005
10087 posts

re: Landlord situation advice please
deposit is not at play here, deposit is for damages to my house, totally separate...


ynlvr
LSU Fan
Baton Rouge
Member since Feb 2009
1027 posts

re: Landlord situation advice please
quote:

deposit is not at play here, deposit is for damages to my house, totally separate...

Money is Money and that is probably all you're getting if they play hardball. How much you want to spend to chase them down?


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Zilla
LSU Fan
Friendswood, TX
Member since Jul 2005
10087 posts

re: Landlord situation advice please
but the remaining term on the lease is $17000 that I could get by going after them..... spelled out in the lease.... I feel like I'm owed the $100 off back plus one months penalty for forcing vacancy on me...reasonable right?
This post was edited on 6/4 at 9:14 pm


RunningBlake
Arkansas Fan
Member since Aug 2011
2146 posts

re: Landlord situation advice please
It doesn't work that way in real life


Zilla
LSU Fan
Friendswood, TX
Member since Jul 2005
10087 posts

re: Landlord situation advice please
quote:

It doesn't work that way in real life


that's actually what I was wondering...what normally happens in this situation ...hmmm...ok thanks


I Love Bama
Alabama Fan
Alabama
Member since Nov 2007
33667 posts

re: Landlord situation advice please
I would keep their deposit for sure.


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RunningBlake
Arkansas Fan
Member since Aug 2011
2146 posts

re: Landlord situation advice please
The best you can do is keep the deposit.

Look at the bright side you will get a nice chunk of taxes back if you pay in.


ynlvr
LSU Fan
Baton Rouge
Member since Feb 2009
1027 posts

re: Landlord situation advice please
. . . And hopefully you get a new tenant soon that will pay full rate.

Tough business this landlord stuff.


RunningBlake
Arkansas Fan
Member since Aug 2011
2146 posts

re: Landlord situation advice please
Yup


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foshizzle
LSU Fan
Washington DC metro
Member since Mar 2008
31062 posts
Online

re: Landlord situation advice please
quote:

the remaining term on the lease is $17000 that I could get by going after them.


If they had $17K they wouldn't be renting.

Always assume a lease will be broken in 6-9 months. Don't knock any money off for a promise for longer, it isn't worthwhile to try to enforce a breach of contract.

If you wanted to lock up a long-term contract, getting the tenants to put up a much larger deposit was the way to go. Get the money up front.


Zilla
LSU Fan
Friendswood, TX
Member since Jul 2005
10087 posts

re: Landlord situation advice please
what about if in the lease instead of only saying I could come after them for the full term of the lease, what if I spelled it out that they could pay 2 months rent penalty in order to be released from the lease and released from me coming after them for the full term? Does something like that ever happen?


ynlvr
LSU Fan
Baton Rouge
Member since Feb 2009
1027 posts

re: Landlord situation advice please
You are in the same boat. Enforcement is only as strong as they allow or you pursue. If they run, you have to expend the resources to collect. You lose. Money up front or pay as you go is the name of the game. Do your best at screening applicants and you get better at it over time but nothing is sure thing.


Zilla
LSU Fan
Friendswood, TX
Member since Jul 2005
10087 posts

re: Landlord situation advice please
yea I guess so...appreciate the advice.... anybody know any good flooring guys in BR? ....will need to replace all the carpet in the 3 bedrooms with laminate....
This post was edited on 6/4 at 9:41 pm


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Zilla
LSU Fan
Friendswood, TX
Member since Jul 2005
10087 posts

re: Landlord situation advice please
What do I risk by asking for the $100 off back ?

Also, is it possible to not officially "release" them from their lease until after they totally move out to ensure no major damages ? ...as a way to further protect myself ?
This post was edited on 6/4 at 9:47 pm


rmc
LSU Fan
Zachary, LA
Member since Sep 2004
22714 posts

re: Landlord situation advice please
quote:

what about if in the lease instead of only saying I could come after them for the full term of the lease, what if I spelled it out that they could pay 2 months rent penalty in order to be released from the lease and released from me coming after them for the full term? Does something like that ever happen?


Happens a lot with more experienced landlords. It's a good idea.

I've handled my fair share of broken leases over the years. First off, the popular opinion is that the safety deposit is a sacred cow not to be messed with. I've found Louisiana case law stating differently, but you have to be very careful with the language in your lease. But I would be comfortable arguing that the deposit can be liquidated damages if provided for properly in the lease.

Second, collecting is tough. You generally have two options when a lease is broken: (1) eviction + $ for rent due + damages to property OR (2) accelerated rent. But they technically have the right to stay in the property when you sue for accelerated rent. If you re-let the property then you have mitigated and they will not be required to pay those amounts you received from a subsequent tenant.

I'll email you my cell/office and you are more than welcome to give me a buzz if you'd like. There are a lot of variables that determine your options.


eng08
LSU Fan
Member since Jan 2013
2450 posts

re: Landlord situation advice please
Since its a work transfer suggest they ask the company to buy them out of the lease?

I had tennants in a 1 year lease, 4 months in the company up and transferred them. Tough situation, I understood and felt for the guy, but it's a business and I treated it as such.


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StrangeBrew
LSU Fan
Salvation Army-Thanks Obama
Member since May 2009
14100 posts

re: Landlord situation advice please
quote:

What do I risk by asking for the $100 off back ?

Also, is it possible to not officially "release" them from their lease until after they totally move out to ensure no major damages ? ...as a way to further protect myself ?


They are breaking the lease, you get to keep their deposit. You risk nothing by asking for the $100 back just as they risk nothing by asking you to return their deposit.
They will have to sue you to get their deposit back, just as you would have to sue them for the rent for the remaining months. No one would think this was a good idea.
I have a couple of rental units and it took me a while to start looking at things in a different perspective.
This is not play money.


eng08
LSU Fan
Member since Jan 2013
2450 posts

re: Landlord situation advice please
Also in the future treat pets completely separate from damage deposits.

i do a non-refundible pet fee not a pet deposit.


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