In between tenants
Member since 2021 · 15 posts · 0 votes
In between tenants
Most Popular Reply
Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votesQuote from @Julie Park:
Quote from @Dan H.:
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
Thank you. He found the new tenants for us and he is arguing that if he had known, he would have signed them the lease right after he moves out. No vacancy days at all. He said he left 2days in between for us to do cleaning. In this case, do I still charge him those two days of rent lost?
My view is legally you can charge the tenant, but if there were only 2 days of vacancy and the tenants found you the qualified replacement tenants, I would not charge them. I would be grateful. Just make sure you screen these new tenants as you would any tenants. If they found you poorly qualified tenants, that has zero value.
I have similar policy for length of stay related to not charging everything I could legally charge. A tenant that has been in the unit a long time that has a small amount of tenant damaged items, we list the damage on the check out, but we list it as no charge. However, a tenant that resides in the unit a shorter period of time would get charged for the damage that they did.
You have virtually no vacancy. You have a qualified tenant found by your vacating tenant. You likely have a new lease term that is beyond when the original lease would have expired. You may have an increase rent amount. sounds great.
Good luck
19 Replies
- 3yHamp Lee IIIPro MemberReal Estate Agent · San Antonio, TX · Member since 2019 · 1k+ posts · 832 votes
Consider this reference below that speaks on what to do...
https://www.findlaw.com/reales...
Also, what does the lease agreement state?
I wish you all the best!
- Investor · San Diego, CA · Member since 2016 · 1k+ posts · 975 votes3y
@Julie Park If your tenant is just moving out before the lease is up, he still owes you rent for the remainder of the lease unless you both come to an agreement. Military duty CAN be a justified reason if he provides documentation from his command that he is PCS-ing or going on a deployment, but otherwise he can't get out of the lease.
Does the state allow you to keep some of the security deposit for unpaid rent? Depending on how much money you'll be losing, I would consider hiring an attorney for this, but if you'll only be out a small amount of money, then consider just moving on, updating your lease terms accordingly to protect yourself from something like this in the future, and screen future tenants better to prevent this from happening again.Good luck and keep us updated!
- Member since 2021 · 15 posts · 0 votes3y
Quote from @Doug Spence:
@Julie Park If your tenant is just moving out before the lease is up, he still owes you rent for the remainder of the lease unless you both come to an agreement. Military duty CAN be a justified reason if he provides documentation from his command that he is PCS-ing or going on a deployment, but otherwise he can't get out of the lease.
Does the state allow you to keep some of the security deposit for unpaid rent? Depending on how much money you'll be losing, I would consider hiring an attorney for this, but if you'll only be out a small amount of money, then consider just moving on, updating your lease terms accordingly to protect yourself from something like this in the future, and screen future tenants better to prevent this from happening again.Good luck and keep us updated!
Tthank you:) they are moving out becuase they just found the bigger place. Definitely not the justified reason. They have been good tenants past a year but i want to do what's right for both of us. I feel like I shouldn't eat up the cost of a few days of turnaround peiord since they are breaking the lease early. But I could be wrong so wanted to ask everyone's opinions on this. The lease term doesn't specify anything like this.
- Investor · San Diego, CA · Member since 2016 · 1k+ posts · 975 votes3y
Even if they moved out a few days early, they still owe the full months rent.
- Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes3y
Your lease should have a cancellation fee and state that the tenant is responsible for all rent and utility payments until leased again.
- 3yHamp Lee IIIPro MemberReal Estate Agent · San Antonio, TX · Member since 2019 · 1k+ posts · 832 votes
The one good thing is that you have a tenant already lined up...and hopefully, an opportunity to update your tenant agreement.
- 3yDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Julie Park:
The Tenant remains responsible for the full term of the lease or until a new Tenant takes over. Even if it's only a few days, you are allowed to charge the departing tenant for that time.
P.S. even military members have to give at least 30 days notice and then pay rent for that 30-day term.
The DIY Landlord Book4.7248 Reviews - 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
No, if they break the lease early, they are responsible for rent until the new tenant moves in. Take the number of days that it was vacant and you were not paid rent for and deduct that from the deposit (along with any other damages) before you return the balance.
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Quote from @Julie Park:
The lease does specify that they are responsible for paying rent for the length of their lease. So indirectly it does cover you.
- Member since 2021 · 15 posts · 0 votes3y
Quote from @Theresa Harris:
Quote from @Julie Park:
The lease does specify that they are responsible for paying rent for the length of their lease. So indirectly it does cover you.
Thank you. He is arguing that he left two days in between becuase we have to do cleaning. So basically saying he did it for us (landloard). And he is also saying if he had known, he could have new tenants signed up right after he moves out. It's only two day of rent lost but I am confused what's right thing to do.
- Member since 2021 · 15 posts · 0 votes3yThat's what I thought. But he is arguing that he left two days in between for us to do cleaning.
Quote from @Theresa Harris:
No, if they break the lease early, they are responsible for rent until the new tenant moves in. Take the number of days that it was vacant and you were not paid rent for and deduct that from the deposit (along with any other damages) before you return the balance.
- Member since 2021 · 15 posts · 0 votes3y
Quote from @Dan H.:
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
Thank you. He found the new tenants for us and he is arguing that if he had known, he would have signed them the lease right after he moves out. No vacancy days at all. He said he left 2days in between for us to do cleaning. In this case, do I still charge him those two days of rent lost?
- 3yDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
Quote from @Julie Park:
Quote from @Dan H.:
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
Thank you. He found the new tenants for us and he is arguing that if he had known, he would have signed them the lease right after he moves out. No vacancy days at all. He said he left 2days in between for us to do cleaning. In this case, do I still charge him those two days of rent lost?
My view is legally you can charge the tenant, but if there were only 2 days of vacancy and the tenants found you the qualified replacement tenants, I would not charge them. I would be grateful. Just make sure you screen these new tenants as you would any tenants. If they found you poorly qualified tenants, that has zero value.
I have similar policy for length of stay related to not charging everything I could legally charge. A tenant that has been in the unit a long time that has a small amount of tenant damaged items, we list the damage on the check out, but we list it as no charge. However, a tenant that resides in the unit a shorter period of time would get charged for the damage that they did.
You have virtually no vacancy. You have a qualified tenant found by your vacating tenant. You likely have a new lease term that is beyond when the original lease would have expired. You may have an increase rent amount. sounds great.
Good luck
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
I agree with Dan. If he was in there for a long time and left the place in pretty good shape, I wouldn't charge him for the two days.
- Member since 2021 · 15 posts · 0 votes3yThank you Dan! Appreciate your quick response!
Quote from @Dan H.:
Quote from @Julie Park:
Quote from @Dan H.:
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
Thank you. He found the new tenants for us and he is arguing that if he had known, he would have signed them the lease right after he moves out. No vacancy days at all. He said he left 2days in between for us to do cleaning. In this case, do I still charge him those two days of rent lost?
My view is legally you can charge the tenant, but if there were only 2 days of vacancy and the tenants found you the qualified replacement tenants, I would not charge them. I would be grateful. Just make sure you screen these new tenants as you would any tenants. If they found you poorly qualified tenants, that has zero value.
I have similar policy for length of stay related to not charging everything I could legally charge. A tenant that has been in the unit a long time that has a small amount of tenant damaged items, we list the damage on the check out, but we list it as no charge. However, a tenant that resides in the unit a shorter period of time would get charged for the damage that they did.
You have virtually no vacancy. You have a qualified tenant found by your vacating tenant. You likely have a new lease term that is beyond when the original lease would have expired. You may have an increase rent amount. sounds great.
Good luck
- Member since 2021 · 15 posts · 0 votes3yThank you so much! I maybe had wrong mentality in this business?! When you said should be "grateful" I am not going to lie I was surprised. It is definitely learning experience. I kept telling myself that he is the one broke the lease early so he should eat up all the cost, not me. He actually called me and harassing me over security deposit. Now I don't even want to deal with him anymore. Thank you for your time! I appreciate it!
Quote from @Dan H.:
Quote from @Julie Park:
Quote from @Dan H.:
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
Thank you. He found the new tenants for us and he is arguing that if he had known, he would have signed them the lease right after he moves out. No vacancy days at all. He said he left 2days in between for us to do cleaning. In this case, do I still charge him those two days of rent lost?
My view is legally you can charge the tenant, but if there were only 2 days of vacancy and the tenants found you the qualified replacement tenants, I would not charge them. I would be grateful. Just make sure you screen these new tenants as you would any tenants. If they found you poorly qualified tenants, that has zero value.
I have similar policy for length of stay related to not charging everything I could legally charge. A tenant that has been in the unit a long time that has a small amount of tenant damaged items, we list the damage on the check out, but we list it as no charge. However, a tenant that resides in the unit a shorter period of time would get charged for the damage that they did.
You have virtually no vacancy. You have a qualified tenant found by your vacating tenant. You likely have a new lease term that is beyond when the original lease would have expired. You may have an increase rent amount. sounds great.
Good luck
- 3yDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
Quote from @Julie Park:
Thank you so much! I maybe had wrong mentality in this business?! When you said should be "grateful" I am not going to lie I was surprised. It is definitely learning experience. I kept telling myself that he is the one broke the lease early so he should eat up all the cost, not me. He actually called me and harassing me over security deposit. Now I don't even want to deal with him anymore. Thank you for your time! I appreciate it!Quote from @Dan H.:
Quote from @Julie Park:
Quote from @Dan H.:
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
Thank you. He found the new tenants for us and he is arguing that if he had known, he would have signed them the lease right after he moves out. No vacancy days at all. He said he left 2days in between for us to do cleaning. In this case, do I still charge him those two days of rent lost?
My view is legally you can charge the tenant, but if there were only 2 days of vacancy and the tenants found you the qualified replacement tenants, I would not charge them. I would be grateful. Just make sure you screen these new tenants as you would any tenants. If they found you poorly qualified tenants, that has zero value.
I have similar policy for length of stay related to not charging everything I could legally charge. A tenant that has been in the unit a long time that has a small amount of tenant damaged items, we list the damage on the check out, but we list it as no charge. However, a tenant that resides in the unit a shorter period of time would get charged for the damage that they did.
You have virtually no vacancy. You have a qualified tenant found by your vacating tenant. You likely have a new lease term that is beyond when the original lease would have expired. You may have an increase rent amount. sounds great.
Good luck
I think he felt his efforts were not being appreciated. You were thinking he broke his lease and was causing you lost money and time. You were both possibly correct (see below). Your hard stance resulted in resentment and now he is reacting (I can be a real jerk if I get ticked at someone).
Now to the money/time aspect, I suspect you will come out ahead as the new lease will extend beyond the current lease with only 2 days of downtime. Even in my very low vacancy market, that is far below my average turn time. I typically spend more than 2 days refreshing a unit. We have an open house that virtually always gets us a qualified tenant in less than 2 hours, but that tenant has to give the current LL notice. They typically cannot move in for at least 2 weeks and sometimes as long as a month (we will not hold over one month so if they cannot move in by a month they either cannot qualify or they are paying rent prior to move in). My point is 2 days is incredible as long as the tenant meets your criteria.
Even in my tenant friendly market, I could charge the tenant for the 2 days of lost rent and the refresh of the unit. But the scenario the tenant created is better than I would have if the tenant had waited until the end of their lease before moving out. They put forth the effort to get you a qualified tenant. They did you a favor.
Try to repair the relationship. Your tenant seems to have done more than expected. if you offer the olive branch, it hopefully is received.
Good luck
- Member since 2021 · 15 posts · 0 votes3y
Quote from @Dan H.:
Quote from @Julie Park:
Thank you so much! I maybe had wrong mentality in this business?! When you said should be "grateful" I am not going to lie I was surprised. It is definitely learning experience. I kept telling myself that he is the one broke the lease early so he should eat up all the cost, not me. He actually called me and harassing me over security deposit. Now I don't even want to deal with him anymore. Thank you for your time! I appreciate it!Quote from @Dan H.:
Quote from @Julie Park:
Quote from @Dan H.:
The rules associated with tenant ending lease early varies by jurisdiction, but I know of no jurisdiction that does not allow you to charge for the reasonable time until new tenant is found. This includes the tenant turn over time as you would not need a tenant turn over or the associated expense if the tenant had not terminated the lease early.
In my tenant friendly jurisdiction, a tenant that terminated lease early would be charged for the time the unit is not rented and the tenant turn over costs. You would have neither of these expenses at this time if the tenant honored their lease so it is fair that the tenant pay these expenses.
Good luck
Thank you. He found the new tenants for us and he is arguing that if he had known, he would have signed them the lease right after he moves out. No vacancy days at all. He said he left 2days in between for us to do cleaning. In this case, do I still charge him those two days of rent lost?
My view is legally you can charge the tenant, but if there were only 2 days of vacancy and the tenants found you the qualified replacement tenants, I would not charge them. I would be grateful. Just make sure you screen these new tenants as you would any tenants. If they found you poorly qualified tenants, that has zero value.
I have similar policy for length of stay related to not charging everything I could legally charge. A tenant that has been in the unit a long time that has a small amount of tenant damaged items, we list the damage on the check out, but we list it as no charge. However, a tenant that resides in the unit a shorter period of time would get charged for the damage that they did.
You have virtually no vacancy. You have a qualified tenant found by your vacating tenant. You likely have a new lease term that is beyond when the original lease would have expired. You may have an increase rent amount. sounds great.
Good luck
I think he felt his efforts were not being appreciated. You were thinking he broke his lease and was causing you lost money and time. You were both possibly correct (see below). Your hard stance resulted in resentment and now he is reacting (I can be a real jerk if I get ticked at someone).
Now to the money/time aspect, I suspect you will come out ahead as the new lease will extend beyond the current lease with only 2 days of downtime. Even in my very low vacancy market, that is far below my average turn time. I typically spend more than 2 days refreshing a unit. We have an open house that virtually always gets us a qualified tenant in less than 2 hours, but that tenant has to give the current LL notice. They typically cannot move in for at least 2 weeks and sometimes as long as a month (we will not hold over one month so if they cannot move in by a month they either cannot qualify or they are paying rent prior to move in). My point is 2 days is incredible as long as the tenant meets your criteria.
Even in my tenant friendly market, I could charge the tenant for the 2 days of lost rent and the refresh of the unit. But the scenario the tenant created is better than I would have if the tenant had waited until the end of their lease before moving out. They put forth the effort to get you a qualified tenant. They did you a favor.
Try to repair the relationship. Your tenant seems to have done more than expected. if you offer the olive branch, it hopefully is received.
Good luck
I feel like I learn a lot from you! Thank you so much:)
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