Tenants Decided to Change Terms of Lease

Tenants Decided to Change Terms of Lease

Flipper/Rehabber 路 Colorado Springs, CO 路 Member since 2016 路 499 posts 路 167 votes

On Jan. 15 these tenants agreed to vacate on March 31 which is the date of the lease expiration. I gave them 90 days notice, which is required. I have their written agreement to vacate by March 31. 

Yesterday they emailed me that they "found a house and will be moving Feb. 15th and paying utilities till March 1." They paid rent for February. I dont think they are planning to pay rent for March, or utilities, which lease requires. 

I have no idea what the condition of the property will be when they vacate, and their security deposit won't cover a month's utilities and make ready for next tenant. I did an inspection in December and it looked OK but I'm sure it needs deep clean. And maybe paint.

Their lease is clear, they are not allowed to terminate early and security deposit is not allowed to be used for rent.

It's 3 adults there were no kids but they had 2 older small dogs. Their occupancy began before I decided no more animals.

They are paying $2075 in a B+ location and the house is very upscale with hard floors, granite, etc etc. Even a hand-built vanity made from repurposed barn wood, 3/2/2. The big shed is custom-painted in Broncos colors orange and blue. People call it the "Broncos" house. I'm sure I can get $2200 plus animal fee $35/month as I will allow a small dog <25 lbs. I will be requiring an animal application with a $300 fee. People will pay almost any amount if they can keep their critter. 馃槣

Your advice? And thanks. 

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
3y
Quote from @Jane S.:

You already know the answer. Hold them to the terms of the agreement. If they move out early, the law requires you to make a "good faith effort" to find a new renter and minimize charges to the departing tenant. If you find someone to move in on March 20th, then you can only hold the departing tenant responsible for rent through the 19th.

When they move out, remind them of the contract. Clean the place up and try to find a new renter. When a new renter takes over, or when March 31st rolls around, add up the charges, apply the deposit, and notify tenant of anything owed or refunded.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
    3y
    Quote from @Jane S.:

    You already know the answer. Hold them to the terms of the agreement. If they move out early, the law requires you to make a "good faith effort" to find a new renter and minimize charges to the departing tenant. If you find someone to move in on March 20th, then you can only hold the departing tenant responsible for rent through the 19th.

    When they move out, remind them of the contract. Clean the place up and try to find a new renter. When a new renter takes over, or when March 31st rolls around, add up the charges, apply the deposit, and notify tenant of anything owed or refunded.

    The DIY Landlord Book4.7248 Reviews
  • Theresa HarrisPro Member
    Member since 2019 路 15k+ posts 路 11k+ votes
    3y

    As Nathan said, they agreed to the lease.  One party can't change it without the other party agreeing to the changes.  Let them move out and try to get new tenants as quickly as possible. They are responsible for the rent until you find a new tenant or March 31 which ever comes first.

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant 路 San Diego / Phoenix 路 Member since 2021 路 12k+ posts 路 15k+ votes
    3y

    Lol tenants think they make the rules nowadays and what they signed does not apply. You know what is right and it looks like you are covered as far as paperwork. I'd send them a certified letter reminding them of what they signed and what the legal consequences are if they don't honor the agreement. Should be an easy deal for you.

  • Investor 路 Akron, OH 路 Member since 2016 路 2k+ posts 路 4k+ votes
    3y

    That is where you see the real benefit of renting to high credit score tenants-- if they fail to comply with the terms of the lease then their credit score will take a hit when you get a judgement against them. Remind them of their credit score.

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