Legal options to collection rent when tenant moving out one month before lease expiration?

Question

I have this tenant (in GA) whose lease is expiring on Mar 31 of this year, but  just got a notice from her that she will be moving out at the end of Feb  and asked me to accept security deposit for March rent, which I  absolutely don't agree to do. This is someone whom I gave good  references to help find another place. What are my legal options to  collect the rent for March? Should I file for eviction once the due date  for March rent has passed? I have never dealt with a situation where  tenant is moving out one month before lease expiration, so any help will  be greatly appreciated. Thanks.

Jon Holdman · Answer

She's given notice that she's leaving the end of Feb, right? If she leaves nicely, is completely out by Feb 29, and leaves the place in good condition I'd just let her go. Apply the security deposit to whatever is damaged. Get the unit ready and re-rent it as soon as you can. Start showing it now. You are already going to have a turnover in the next two months anyway. Why beat this tenant up? She's given you a full month's notice. Move quickly to get the next one in.

I only do month to month leases anyway. As you're learning, tenants leave when they need to leave, regardless of a lease. A lease ties your hands much more than theirs.

I only do month to month leases anyway.  As you're learning, tenants leave when they need to leave, regardless of a lease.  A lease ties your hands much more than theirs.

Chris K. · Answer

Keep in mind it's a double edged sword. If you're signing a year up front without knowing if they're a good or problem tenant than you may be stuck with a problem tenant for a year. At the end of the day the lease ties your hands up way more than it ties theirs up.

3 months in and they're calling you, bugging you everyday cause a door knob needs tightening or a lightbulb went out, you're pretty much stuck with them. 3 months in and they find a cheaper place closer to their job they can up and leave and there's not much you can do about it.

If you start off month to month you can always have them sign a 12month if you think they're good tenants. If you start off with a 12 and find out they're high maintinance you can't switch them to month to month. Just something to consider...

Kazi R. · Answer

Chris, I definitely see the benefit of beginning with month to month lease, especially because (in my experience) if you treat a good tenant right, they tend  to hang around in your property for a long time anyway, so there is little to lose. I will consider employing your approach. Thank you so much.

Kazi R. · Answer

@Colleen F. I was not planning to renew her lease anyway, so I am glad she is going to be gone and I won' t have to deal with her anymore. Anyway, good luck with your tenant! I feel your pain!

@Chris K. It seems to be a better approach to start off month to month, but I want to avoid good tenants moving out on me within a few months of renting a property just because that option is available to them. When I used to rent, I always stayed in the rental property during the lease period. I figure most good tenants do the same thing. I have a full time job, so time is scarce. Long term tenant is one of the most important things that I look for during the selection process and having a yearly lease in place helps ensure that to a certain extent, I guess.

@Pam R. Thanks Pam. I was bit upset about this whole thing, but it might be a better idea to let her go as most of you suggested. I will ask her to fulfill her lease obligation, but if it does not work, I may not take any further legal action - I am still in the process of deciding on that.

Pam R. · Answer

Kazi - I agree with the others. Let her go. I'd tell her you'll let her out of the lease - as of March 8th. She needs to pay through March 8th. And the security deposit will then be applied to any damage.

Chris K. · Answer

I'm exact opposite. I will start everyone off on a month to month to get a feel for them. If they're good tenants and they say they want a 1 year lease then I'll consider but other than that it's month to month.

You're making the year commitment to them without knowing how well you're going to get along. I just make it so they have to give 60 day notice even on month to month. As Holdman already stated the year will tie you down more than it will them.

If she's leaving the place without any obvious/spite damages then I wouldn't waste your time chasing her.

Colleen F. · Answer

Wow , this could be my tenant exactly down to the PITA attitude. She was in the apartment when we bought it and she has had a complaint every time we see her (has under market rent too and was there for years). So she stops me in the hall of the apartment and I thought another complaint (and we do fix whatever she asks)  but no  she asks me about getting her security back she bought a house and she is closing this week. Not I am looking for a house.  I say your lease is over March 30 and walk away, not sure what she is going to do. I will put the pay or quit if she doesn't pay since that will cover if I take possession.  I understand how you feel walked on.  Tenants will do what they want to do. My consolation on this one is imagining her managing a repair.  Anyway a tenant with this kind of attitude is tiring so maybe rejoice she is going to be gone.

Kazi R. · Answer

BTW, I usually have tenants sign a one year lease, but switch them to month to month lease if they have been late in paying rent or if I filed for dispossessory at least once during the first one year period. For good tenants, I have them renew lease for another year at the end of the lease period.

Kazi R. · Answer

Hi Jon, Thanks for the quick response and great advice. This is a tenant who always paid  rent on time, but was such a PITA that I sent a "happy  clause" letter to her one time. I had discussed the plan to move out with her  before; and we were in agreement that she was going to move out end of March. I know that house will need some work after she moves out, especially because she was smoking in master bedroom at one point (stopped after I found out), so I might have to spend money to get the smell out among other things. So security deposit might be needed to fix up whatever damage she is leaving behind. I have let tenants break lease before without going after them because I felt that their situation didn't leave them a choice, but I feel being taken advantage of in this situation. I don't take this business personally, but I feel I need to do everything to collect the rent if possible because she is not keeping her word and is not paying me rent after using my good reference (which I shouldn't have given) to find her next place. BTW, she said she was going to move out on Mar 8, not end of Feb. Please let me know what you think.

Pat Martin · Answer

I never really though about month to month like that but now that you mention it it kinda makes sense.  You can't collect money from someone that doesn't have it and if your on month to month you can kick a bad tenant out easier.

Legal options to collection rent when tenant moving out one month before lease expiration?

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