Dear Fellow members,
I have this tenant who wants to terminate his lease after only 3 months into his one year lease. I understand that landlords have a duty to mitigate damages. But the tenant is telling me the following. I am seeking your valuable input on how to reply to him. He is criticizing my method of advertising, unsolicited;
"Could you guys could put up pictures of the unit online so prospective tenants are more likely to inquire. Looking at the unit online all there is is a picture of the back of the house, nothing with the unit at all. I think these are necessary for a good faith attempt at advertising. I have some I can send as well if need be. I want there to be adequate resources and time to find a new tenant."
He had asked for a link to our ad and I sent him a link to one of the many ads that we have running.I haven't inquired with him on what efforts he is making to get that apartment re-rented.
Your rant is baseless and does not answer the question which is about a tenant that wants to break is lease and is now trying to coach me on what type of an ad I should post. After 15 years of property management I don't need to learn what type of pictures to take or what details to include in the ad.
Your response was baseless and full of assumptions. How did you come to this conclusion, "If the property is really that bad looking that you don't want to put up pics, maybe you need to update or sell."
My response was based on the fact that your first paragraph states "he is criticizing my method of advertising"; and, you devoted a full (and the longest) paragraph to what was said by your tenant about your online pictures, including the statement that "all there is is a picture of the back of the house..." Seems to me the focus of your original post was about pictures.
Someone breaking a lease, with your 15 years experience, should not be that much of an issue. The easiest way is to advise the tenant to advertise and show it on their own, (thereby getting someone to take over sooner and relieving them of the responsibility) and have them refer interested prospects to your email/phone so they can be processed and approved. If they don't want to do that, their options are limited...either let you show it on some agreed to schedule or prior notice, or you do nothing until it is vacant and ready to show as usual. Both of these options will take longer and result in current tenant owing more money.
I wouldn't take offense to this. He is correct that the Landlord is required to make a "good faith effort" to find a replacement tenant and mitigate damages to the departing tenant. If he wants to help, let him help.
In the future, consider adding some language into your lease to compensate you for the time spent dealing with an early termination. You can charge a termination fee that enables them to leave early with a good Landlord reference and it usually puts more money in your pocket. You can add a mandatory "break lease" fee of a smaller amount that compensates you for your time spent marketing, screening, and signing a lease with a new tenant (maybe $100 - $300). The lease break is at the Tenant's convenience and results in extra effort on your behalf. You should be compensated for that.
Ignore these texts and charge him the remainder of the lease upon move out
This is a tenant, right, not a 'prospective' tenant? So that means he got to tour and see the house before signing the lease? So what is his beef with pictures?
Am I missing something here?
Your rant is baseless and does not answer the question which is about a tenant that wants to break is lease and is now trying to coach me on what type of an ad I should post. After 15 years of property management I don't need to learn what type of pictures to take or what details to include in the ad.
Your response was baseless and full of assumptions. How did you come to this conclusion, "If the property is really that bad looking that you don't want to put up pics, maybe you need to update or sell."
This is a tenant, right, not a 'prospective' tenant? So that means he got to tour and see the house before signing the lease? So what is his beef with pictures?
Am I missing something here?
It is the current tenant who is breaking the lease. He wanted to see a link to my ad that I have posted to which he commented about pictures.
You are right that a prospective tenant will walk through the property before signing a lease.
What came across as of was the tenant telling me to post the ad a certain way. He is obligated to mitigate the damages and he should post his own ads.
Ignore these texts and charge him the remainder of the lease upon move out
I totally agree with you. It is literally not worth engaging with these people. The more transparent you are the more they get after you. He is breaking the lease because he had some dress of doing a startup that has now gone bust and he is moving back to school.
From your harsh responses, I think that you're just looking for other people to tell you that you're right and the tenant is wrong.
In 99.9% of places, YOU are obligated to mitigate the tenant's damages, not the other way around. What the tenant is requesting if completely reasonable. Pictures are such a ubiquitous feature of rental advertisements, I can easily see a judge saying you failed to take proper action to mitigate the tenant's damages.
Your rant is baseless and does not answer the question which is about a tenant that wants to break is lease and is now trying to coach me on what type of an ad I should post. After 15 years of property management I don't need to learn what type of pictures to take or what details to include in the ad.
Your response was baseless and full of assumptions. How did you come to this conclusion, "If the property is really that bad looking that you don't want to put up pics, maybe you need to update or sell."
My response was based on the fact that your first paragraph states "he is criticizing my method of advertising"; and, you devoted a full (and the longest) paragraph to what was said by your tenant about your online pictures, including the statement that "all there is is a picture of the back of the house..." Seems to me the focus of your original post was about pictures.
Someone breaking a lease, with your 15 years experience, should not be that much of an issue. The easiest way is to advise the tenant to advertise and show it on their own, (thereby getting someone to take over sooner and relieving them of the responsibility) and have them refer interested prospects to your email/phone so they can be processed and approved. If they don't want to do that, their options are limited...either let you show it on some agreed to schedule or prior notice, or you do nothing until it is vacant and ready to show as usual. Both of these options will take longer and result in current tenant owing more money.
@Carlos Lez
If you really are looking for our honest opinions, I think the tenant’s request is perfectly reasonable. And I mean, they are right. When I am looking for a place and it only has exterior pictures, I move on. Plus, the tenant offered to send you unit pictures to use. I think they are being quite helpful here.
You could ignore them, but at least take from this a lesson: to upload more pictures. This really is important.
I'd either ignore it or tell him that this is one of several ads and these are the same ones you have always used to rent the place.
I would ignore him altogether. You have a responsibility to try to mitigate damages but not to collaborate with your soon-to-be ex-tenant on marketing strategies. If you want to reply, a simple "We will do our best to mitigate our damages but you are responsible for rent and utilities until the unit is rented".
On a side note, we have an early termination form and setup that avoids all of this. I would encourage you to look into doing the same.
@Carlos Lez appears your tenant knows more about marketing rentals than you do.
Not only do we have a professional photographer take our pics, we also offer our owner clients 3-D Tour and floorplan options.
Tenants decide pretty quickly if they are interested in a rental online first sorting by location/price and then do the pictures appeal to them. Ignoring the fact that this advice came from a tenant who didn't honor their contract which is annoying this is still solid advice that may save you time and effort. I post as many pictures as I can as well as Zillow lets you make a 3d home for free on their app. My lease used to state that tenants were responsible for rent until the house was re-rented but then I realized that this does not compensate me for my time. My friend gave me her lease from a major management company she was renting from and they charged 2 months rent and loss of deposit as a penalty on top of the 60 day notice requirement. Tenants know this is the cost up front and if they choose to break the lease they are also choosing to pay me and I should walk away ahead.
The absolute last thing I would do is let the tenant handle finding a new tenant. My biggest concern is finding the right tenant who qualifies and meets my standards, theirs is getting a body in the door so that they are no longer responsible for rent.
Sounds like they want to help you out. Sublet in the contract? I'll take every single effort for tenants to find me another one if they want to break the lease/contract, obviously enforcing the contract on them and for the new tenants to meet the minimum threshold/requirements.
Their opinion, you do what is best for your business, I always approach it with an open mind.