Tenant Gave notice to break lease and move out

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Tenant Gave notice to break lease and move out

Mak J.
Member since 2018 · 234 posts · 44 votes

Tenant promised to pay me rent by today (aug 28) and blind sided me with message she is moving out. in 2 days. I immodestly sent the notice to Eviction to be safe.

Question- What paperwork do I need to do? If she moves out, do I just change the locks or do I need to take her signatures to confirm she is moved out and broke the lease? Basically what is the protocol

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Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
4y

@Mak K.

Did she pay august rent?

When does her lease terminate?

Two stages to this- one is taking back property and doing an inspection and notifying the tenant of any issues with unit. The other is if you seek to collect against the lease agreement.

Always best to get an attorney involved if you are not experienced In this and do not have a PM - which is another reason to have a PM as the $100/mo you would be paying them (or whatever it is) they could have handled this fairly easily and now you may end up spending some $ on an attorney

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  • Tim Herman
    Member since 2018 · 2k+ posts · 1k+ votes
    4y

    @Mak J. On what grounds are you starting the eviction process. Is she in arrears on rent. She should still be liable for the rent for September. The text is proof that she is giving up rights to the property. You will have to inspect after she moves and and give her an itemized bill against her security deposit.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    4y

    @Mak K.

    Did she pay august rent?

    When does her lease terminate?

    Two stages to this- one is taking back property and doing an inspection and notifying the tenant of any issues with unit. The other is if you seek to collect against the lease agreement.

    Always best to get an attorney involved if you are not experienced In this and do not have a PM - which is another reason to have a PM as the $100/mo you would be paying them (or whatever it is) they could have handled this fairly easily and now you may end up spending some $ on an attorney

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    1Reply
  • Mak J.
    OP
    Member since 2018 · 234 posts · 44 votes
    4y

    The lease ends next year Jan 2023. Also the Rent for Aug 2022 is NOT PAID. So two counts- Non payment of current rent and Breaking the lease.

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  • Celeste Carter-McAfee
    Investor · 93465 40475, 40403 · Member since 2022 · 19 posts · 5 votes
    4y

    I would say contact an attorney, as it just depends on what state laws or statutes apply as to timelines and notices you have to give. Sorry this happened to you. I have managed my own rentals and in each state there were different timelines and notices that needed to be delivered and delivery methods.  

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Mak J.:

    Tenant promised to pay me rent by today (aug 28) and blind sided me with message she is moving out. in 2 days. I immodestly sent the notice to Eviction to be safe.

    Question- What paperwork do I need to do? If she moves out, do I just change the locks or do I need to take her signatures to confirm she is moved out and broke the lease? Basically what is the protocol

    I assume she contacted you by text or email. That's sufficient for written notice.

    Personally, I would wait two days to see if she's out before taking any eviction action that may cost money. There's a very good chance she's leaving and you can take control quickly.

    In situations like this, departure is inevitable and you're not going to convince her to pay rent or shame her into paying a termination fee, so just keep it business. I try to play nice for the remaining couple of days to see if they'll communicate. Respond with instructions for turning in the keys, cleaning, or whatever you would do with an ordinary termination. Once she's out, change the locks, document the condition. apply the deposit, send her to collections, or whatever you normally do.

    She's responsible for the terms of the lease until a new tenant takes over. If it takes you 27 days to place a new renter, charge her for 27 days of rent, the lock change, any cleaning and repairs, etc. If her deposit doesn't cover it, send her a final bill. If she doesn't pay it, send her to collections or choose to write it off.
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