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Message
re: OT Lawyers--Landlord/Tenant Question
Posted on 12/26/14 at 8:15 am to LuckySo-n-So
Posted on 12/26/14 at 8:15 am to LuckySo-n-So
One of my renters is breaking their lease 7 months early because they bought a house down the street. You can better believe I am keeping them to their contract and taking them to court if they refuse to pay the remaining lease agreement and deposit. Contracts are there for a reason. They protect both parties. When one person decides to be a jackass they should expect consequences.
1
Posted on 12/26/14 at 8:15 am to LuckySo-n-So
They are in the clear. You have 3 choices.
1. Stay til the end. Let them scramble to find another apartment to put the person in.
2. Pay the penalty and leave on good terms. You will get good rental references.
3. Skip. This is where the double rent comes in. You will only be charged through the day the person moves in. You will forfeit your deposit and leave on bad terms so no good rental history.
1. Stay til the end. Let them scramble to find another apartment to put the person in.
2. Pay the penalty and leave on good terms. You will get good rental references.
3. Skip. This is where the double rent comes in. You will only be charged through the day the person moves in. You will forfeit your deposit and leave on bad terms so no good rental history.
Posted on 12/26/14 at 8:28 am to Aspercel
quote:
One of my renters is breaking their lease 7 months early
It's 7 weeks, not 7 months.
quote:
1. Stay til the end. Let them scramble to find another apartment to put the person in.
Can't. Put my vacate date in writing.
quote:
2. Pay the penalty and leave on good terms. You will get good rental references.
Sounds like the only good option, but will need my butthole stitched up.
quote:
3. Skip. This is where the double rent comes in. You will only be charged through the day the person moves in. You will forfeit your deposit and leave on bad terms so no good rental history.
Once again, doesn't apply because I've made my intentions in writing. Not really worried about rental history because if I ever have to rent again, I'll be renting in NBR because something terrible will have happened for me to lose my house.
Just worried about credit history. It all just has an air of unfairness about it.
Posted on 12/26/14 at 8:31 am to LuckySo-n-So
quote:
It all just has an air of unfairness about it.
Posted on 12/26/14 at 8:41 am to LuckySo-n-So
Dude this ain't elementary school P.E. Grow up.
Posted on 12/26/14 at 9:08 am to LuckySo-n-So
quote:
Can't. Put my vacate date in writing.
Tell him the closing on the new home purchase was delayed 7 weeks. I'm sure the closing date on your new home is in writing but those change all the time. shite happens or least that's what you can tell the landlord.
Posted on 12/26/14 at 9:08 am to LuckySo-n-So
quote:
Can't. Put my vacate date in writing.
So you can put in writing that you are staying till the end of your original lease. Simply state that your letter of intention to vacate or whatever you sent them is now null and void. If both parties agree and sign said document you are back to your original lease agreement.
quote:
Once again, doesn't apply because I've made my intentions in writing.
So, I'm 99% sure in LA a landlord cannot collect double-rent. Someone please correct me if I'm wrong. It makes no difference if you broke your lease or not, double-rent it illegal.
Posted on 12/26/14 at 9:15 am to CorkSoaker
quote:
One of my renters is breaking their lease 7 months early because they bought a house down the street. You can better believe I am keeping them to their contract and taking them to court if they refuse to pay
shite like this is why I hate landlords and will always do anything in my power to frick them over. Oh, poor you has to put up another free Craigslist ad and do a $25 credit check all because your previous tenant has the nerve to make an economically smart move and become a homeowner. You want them to wait until the exact moment their lease is up to start searching for a house to buy? How long did it take you to find your house?
Please do take them to court so a small claims judge can grill you about what steps you took to mitigate the loss of rent, what you did to work with your tenants to negotiate a favorable outcome for everyone, and what steps you took other than being a typical slum lord douche.
This post was edited on 12/26/14 at 9:24 am
Posted on 12/26/14 at 9:18 am to GaryMyMan
Just skip out
Your deposit pays for that rent
Its very easy to fix your credit
Your deposit pays for that rent
Its very easy to fix your credit
Posted on 12/26/14 at 9:23 am to GaryMyMan
quote:
shite like this is why I hate landlords and will always do anything in my power to frick them over. Oh, poor you has to put up another free Craigslist ad and do a $25 credit check all because your previous tenant has the nerve to make an economically smart move and become a homeowner. You want them to wait until the exact moment their lease is up to start searching for a house to buy? How long did it take you to find your house?
Skipping out on a lease means the renter isn't holding up to their end of the agreement, period. If they are in the market to purchase a house, then they can get a month to month lease. But don't sign a 12 month lease with intentions of leaving after 6 or so.
Posted on 12/26/14 at 9:27 am to LuckySo-n-So
If you leave before your date and turn in your keys you will be skipping. Doesn't matter if you have notice.
They can make you move out, but if they have another apartment they'll move the future resident there. It is slow season. They'd rather have your 7 weeks rent and get the person into another apartment. I've had residents change their mind about moving and as long as I have another apartment open, I try to accommodate that. Happened last month.
They can make you move out, but if they have another apartment they'll move the future resident there. It is slow season. They'd rather have your 7 weeks rent and get the person into another apartment. I've had residents change their mind about moving and as long as I have another apartment open, I try to accommodate that. Happened last month.
Posted on 12/26/14 at 9:30 am to MikeBRLA
quote:
So, I'm 99% sure in LA a landlord cannot collect double-rent. Someone please correct me if I'm wrong. It makes no difference if you broke your lease or not, double-rent it illegal.
They can't. It's not double rent. It's a fee to break a lease that is equivalent to a percentage of rent.
Op should be happy it's only 25%. Our policy is 30 day notice + either the equivalent of 1 or 2 months rent, depending in if it is 1st lease term or not.
Posted on 12/26/14 at 9:32 am to LuckySo-n-So
You wouldn't be bitching if he didn't have a tenant already bitching. Contract is a contract.
Posted on 12/26/14 at 9:52 am to tigerbutt
quote:
You wouldn't be bitching if he didn't have a tenant
a lot of times the remedies are to make the landlord whole, not to impose a penalty. if he has a tenant already, the rent for the duration of the lease is going above and beyond making the landlord whole.
This post was edited on 12/26/14 at 9:53 am
Posted on 12/26/14 at 10:20 am to tigerbutt
quote:
Contract is a contract.
this, don't sign it if you aren't willing to live up to the terms, doesn't matter if the landlord has people lined up to rent it, it still cost $ to change tenants, I've had three tenants in a row want to leave early and of course, I've been Mr. nice guy and made it as painless as possible for them, from now on it's the letter of the contract, I don't care if it's quadruple rented
Posted on 12/26/14 at 10:21 am to GaryMyMan
Not a prob. 2 lawyers in immediate family. Both are happy to help. And, that's not at all how it works in all the small claim cases I have been to. I guess every city is different. I've always noticed the judge sides with the legal document (such as a perfectly written lease contract) rather than the opinion of my tenants. If my tenant is rich enough to buy a home, they are rich enough to comply with the lease agreement they signed.
Posted on 12/26/14 at 10:25 am to CorkSoaker
You got a house already?
As long as you won't be making any big purchasing decisions I'd take the credit hit. It'll be gone in 7 years (I think)
As long as you won't be making any big purchasing decisions I'd take the credit hit. It'll be gone in 7 years (I think)
Posted on 12/26/14 at 10:32 am to rocket31
I'm the home owner, not the renter. I'm talking about when I have renters who chose to break their lease.
Posted on 12/26/14 at 10:34 am to LuckySo-n-So
If you signed the contract and those are the terms, you are at his mercy.
You don't want a note on your credit report for not paying rent. Hurts you when getting mortgages. More than the credit score does.
You don't want a note on your credit report for not paying rent. Hurts you when getting mortgages. More than the credit score does.
Posted on 12/26/14 at 10:35 am to CorkSoaker
My reply was meant for OP. My bad
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