Tenant wants to break lease | doesn’t want to pay

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Tenant wants to break lease | doesn’t want to pay

Marija Petrovic
Investor · San Diego · Member since 2019 · 39 posts · 16 votes

Hello! I have a tenant that wants to move out, and refusing to pay rent. I need an attorney to handle this. Due to plumbing issues he claims that property is “inhabitable” and says he will leave without paying. I offered him 1 month free rent until we fix the issue, he refused and says he will return keys when he gets his deposit back. What do I do?

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Nathan Grabau
Realtor · Longmont, CO · Member since 2021 · 577 posts · 631 votes
3y

This seems to be close to a best case scenario in a situation like this, assuming the property hasn't been destroyed by him. Having to evict him for non payment, especially depending on the plumbing issue, will get very messy very fast. If there is actually a habitability issue, he could sue you too. Let him leave, fix the issue, and get a new tenant in there. 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    What is the problem with the plumbing? Is there water to the house?  Plumbing is turned off in one bathroom (and there are others)?

    If he wants to break his lease, let him  and find a new tenant especially if he's refusing to pay rent.  Once you get the keys, inspect the property and return the balance of his deposit (after any damages or outstanding rent has been deducted).

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  • Nathan Grabau
    Realtor · Longmont, CO · Member since 2021 · 577 posts · 631 votes
    3y

    This seems to be close to a best case scenario in a situation like this, assuming the property hasn't been destroyed by him. Having to evict him for non payment, especially depending on the plumbing issue, will get very messy very fast. If there is actually a habitability issue, he could sue you too. Let him leave, fix the issue, and get a new tenant in there. 

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    3y

    Generally, the best thing to do is always follow the provisions in your lease. 

    Aside from that, number one priority would be to address the plumbing issues.  If the plumbing issues are resolved or you can show they did not exist, then the resident does not have a valid argument.  

    I'm assuming since it is the 29th that he didn't pay December rent.  You should have provided a pay or quit notice over three weeks ago and be nearing the end of the eviction process.  If you haven't already, time to start that now.  Assuming you have resolved the plumbing, he cannot stay there rent free and refuse to give the keys back until you give him his security deposit.  You just get a writ of possession and remove him.

    Of course, you can always choose to let the resident out of their lease.  We sometimes do that if we feel it is in our best interest to have them leave.

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  • Bob Willis
    Investor · Curtis, NE · Member since 2019 · 231 posts · 140 votes
    3y

    If he has effectively abandoned the property don't worry about the keys and have the locks replaced. I have the provision in my lease that if a tenant has moved their things out, they have abandoned the property and have broken the lease. Not sure if you have that, but if you do just change the locks and forget the keys. Good riddance to the non-paying tenant. But curious to the plumbing problems and if you have exposure there.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    3y

    What is wrong with the plumbing and how long has it been broken?

    How many bathrooms are there?

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  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    Don't delay, let the tenant leave and take them to small claims court. Not worth fighting this and letting them stay in the property, let them break the lease. 

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  • John MorganPro Member
    Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
    3y

    @Marija Petrovic

    I’d definitely give him his deposit back and let him go. This guy will be a pain moving forward if you keep him. Keep it simple.

    1Reply
  • Corby GoadeBusiness Member
    Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
    3y

    Is the property unihabitable? If so, at this point, you should just let them go, give them their deposit back and apologize for the inconvenience. 

    For future referece, if there's an issue that makes the property uninhabitable, you should put your tenant up in a hotel or airbnb wihle it's getting fixed and they still pay you rent according to your lease. In 99% of these types of issues, there really shouldn't be any reason that you can't make reasonable repairs within two or three days. 

    Gotta remember, REI and leases are a two way street- people here like to find ways to stick it to their tenants as much as possibly (I don't know you or this situation, so I am not saying that is the case), but as landlords, it's our responsibiility to provide safe and reasonable accommodations to our tenants as well. The lease is there to protect the tenant just as much as the landlord, and moreso in some cases.

    Best of luck!

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Marija Petrovic:

    Hello! I have a tenant that wants to move out, and refusing to pay rent. I need an attorney to handle this. Due to plumbing issues he claims that property is “inhabitable” and says he will leave without paying. I offered him 1 month free rent until we fix the issue, he refused and says he will return keys when he gets his deposit back. What do I do?

    Let him go! You were already willing to give up a month of rent, so let him out of the lease, fix the problem, and find a more reasonable tenant.

    EDIT: you need to get control of the situation. Tell him you will let him out of  the lease, but his lease doesn't technically end until he returns the keys and provides you a forwarding address. You will inspect, then refund any deposit he is owed. As long as he holds the keys, he is the tenant and remains responsible for rent and utilities.

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