Tenant Breaking Lease

Bremerton, Washington
General Landlording & Rental Properties
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Tenant Breaking Lease

Kimberly Gibbs-egan
Member since 2022 · 8 posts · 3 votes

Hi all- I have a quick question which I'm pretty sure we know the answer to, but just want to be sure we're not missing something. 
We have a tenant in Bremerton, Wa who got a dog- dogs are permitted with prior authorization and a deposit. They didn't get a prior auth and our property manager told them they needed to, but not to do it again. They did it again. This time our PM told them to comply or vacate and they said they were leaving.  Our PM said that because we told them to leave, they are not responsible for paying the rent until a new tenant is found, which is what it says in the lease. We argued with them that they are leaving because they are not in compliance and provided the RCW- have not yet heard back. This is a reputable Property manager (Windermere) and we have been passed around to multiple PMs over the past couple of years as they don't seem to stay long- saying this because I don't think they have much experience. 

So should they be paying until a new tenant is found?

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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
1mo

What does the PM lease state about an unapproved pet?

Ours states that we can require a pet deposit AND charge them a Pet Fee back to the Start Date of their lease!
Ours also states that if a tenant violation of the lease leads to termination, they are STILL responsible for the rent for remainder of the lease.
- WARNING: This will depend on state law and our attorney warned us it will depend on which judge we get if it ever went to court. Most state laws also do NOT allow a landlord to collect rent from two parties of the same time. So, once an acceptable replacement tenant is found, the previous tenant would no longer be responsible for the rent covering the remaining term of the lease.

Also curious about what these tenants, "did again"?

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  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    1mo

    Based on your statements, No. This assumes the "reputable PM" gave a proper written notice compliant with local law. If everything was verbal, it is much more problematic for both sides, and would call into question the "experience" of all involved.

    1Reply
  • Kimberly Gibbs-egan
    OP
    Member since 2022 · 8 posts · 3 votes
    1mo

    Everything was done in writing *phew*- from what we have read, it should have been 10 days comply or vacate, but they told the tenants 14 days in the notice.   I'm not sure I understand your reply though- No, they don't need to keep paying even though they broke the terms of the lease?

    0Reply
  • Patrick O'SullivanBusiness Member
    Property Manager · Phoenix, AZ · Member since 2024 · 529 posts · 201 votes
    1mo

    I’d be careful treating this as a simple yes/no. The key questions are what the written notice actually said, whether it complied with the local law, and whether the tenant is legally terminating the lease or being required to vacate for a violation.

    Given the potential dollars involved, I’d have a local landlord-tenant attorney review the notice and lease rather than rely solely on the PM’s interpretation.

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  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    1mo

    Correct. You do not get to terminate their tenancy AND require them to keep paying rent. Their obligation for rent ends when they turn over the keys and possession. They ARE still responsible for physical damages, and YOU are still responsible to provide an accurate accounting of deductions from the Security Deposit with proper documentation to meet local Court expectations.

    Of course, everything may hinge on WTF notice was actually sent. If local law states 10 days, but your PM sent a 14 day, that may, or may not have an effect. What, exactly did the notice state, and did the entire notice meet local legal requirements. The PM may have failed, or they were just being generous (WHY? Who do they have a fiduciary responsibility to? (YOU))

    0Reply
  • Kimberly Gibbs-egan
    OP
    Member since 2022 · 8 posts · 3 votes
    1mo

    Thank you, @Patrick O'Sullivan and @Richard F. I really appreciate you both for taking the time to respond. I think we will have to get an attorney to look it over- or just roll with it and find a new tenant (and new PM). 

    I am surprised though, that the tenants can just break the terms of the lease and then leave with no consequences when they don't want to comply. 🤷‍♀️

    0Reply
  • Ashley B.Business Member
    Specialist · Washington, DC · Member since 2026 · 35 posts · 19 votes
    1mo

    An attorney can review and confirm the contract. It's worth looking closely at the actual language in your lease. Specifically, does the clause just say tenants don't owe rent "if evicted," without spelling out what instance a landlord eviction is necessary? Does the lease have supporting clauses defining when a tenant doesn't or does have to pay after a landlord eviction? Or does it actually distinguish between the landlord ending the lease through no fault of the tenant versus the tenant leaving because they broke a rule they were already warned about? If it's the first, vague, with no real definition, that gap is exactly why your PM's reading and your reading of the RCW can both sound reasonable.

    This is a contract-interpretation problem and you may possibly have to eat the cost on this one dependingon what the attorneyand the lease says. You should get clear on what the lease actually says versus what it was probably intended to mean, and have that conversation directly with the PM so this doesn't happen again.

    I suggest pulling the exact clause and reading it with that specific question in mind: does it define what counts as an eviction, or does it just state the consequence without explaining when it applies? That answer will tell you a lot about what you need to know and what may need to be corrected for the next tenant.

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    • Kimberly Gibbs-egan
      OP
      Member since 2022 · 8 posts · 3 votes
      1mo
      Quote from @Ashley B.:

      An attorney can review and confirm the contract. It's worth looking closely at the actual language in your lease. Specifically, does the clause just say tenants don't owe rent "if evicted," without spelling out what instance a landlord eviction is necessary? Does the lease have supporting clauses defining when a tenant doesn't or does have to pay after a landlord eviction? Or does it actually distinguish between the landlord ending the lease through no fault of the tenant versus the tenant leaving because they broke a rule they were already warned about? If it's the first, vague, with no real definition, that gap is exactly why your PM's reading and your reading of the RCW can both sound reasonable.

      This is a contract-interpretation problem and you may possibly have to eat the cost on this one dependingon what the attorneyand the lease says. You should get clear on what the lease actually says versus what it was probably intended to mean, and have that conversation directly with the PM so this doesn't happen again.

      I suggest pulling the exact clause and reading it with that specific question in mind: does it define what counts as an eviction, or does it just state the consequence without explaining when it applies? That answer will tell you a lot about what you need to know and what may need to be corrected for the next tenant.


       I think that is probably what we will do- just eat it this time and rework the lease to be more clear (although I don't think it's unclear!) Or maybe just say no pets- though that kind of kills me. :(

      0Reply
  • Jules Aton
    MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
    1mo

    I am not a legal professional but I would be very surprised if you could kick someone out and also expect them to be responsible for rent.

    0Reply
    • Kimberly Gibbs-egan
      OP
      Member since 2022 · 8 posts · 3 votes
      1mo
      Quote from @Jules Aton:

      I am not a legal professional but I would be very surprised if you could kick someone out and also expect them to be responsible for rent.


      That's the argument though- we are not kicking them out, we are telling them they can't have a second dog because they agreed to the pet policy when they signed the lease.  They are choosing to leave because they don't want to give up the dog.
      0Reply
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1mo

    What does the PM lease state about an unapproved pet?

    Ours states that we can require a pet deposit AND charge them a Pet Fee back to the Start Date of their lease!
    Ours also states that if a tenant violation of the lease leads to termination, they are STILL responsible for the rent for remainder of the lease.
    - WARNING: This will depend on state law and our attorney warned us it will depend on which judge we get if it ever went to court. Most state laws also do NOT allow a landlord to collect rent from two parties of the same time. So, once an acceptable replacement tenant is found, the previous tenant would no longer be responsible for the rent covering the remaining term of the lease.

    Also curious about what these tenants, "did again"?

    [email protected]248-209-6824
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    2Reply
    • Kimberly Gibbs-egan
      OP
      Member since 2022 · 8 posts · 3 votes
      1mo
      Quote from@Drew Sygit:

      What does the PM lease state about an unapproved pet?

      Ours states that we can require a pet deposit AND charge them a Pet Fee back to the Start Date of their lease!
      Ours also states that if a tenant violation of the lease leads to termination, they are STILL responsible for the rent for remainder of the lease.
      - WARNING: This will depend on state law and our attorney warned us it will depend on which judge we get if it ever went to court. Most state laws also do NOT allow a landlord to collect rent from two parties of the same time. So, once an acceptable replacement tenant is found, the previous tenant would no longer be responsible for the rent covering the remaining term of the lease.

      Also curious about what these tenants, "did again"?


      Ours also states that they are responsible for paying the rent for a reasonable time until new tenant can be found. The RCW supports this from what we understand, but our PM says that since we terminated the lease- which I argue we didn't, they are leaving voluntarily because they don't want to comply with the terms of the lease - we can't have them pay rent. We wouldn't ever want to have them pay after we have re-rented it. 

      The doing it again, was getting another unapproved dog :(
      I feel really strongly that people should be able to have pets- but I get why landlords are so reluctant! Nothing but problems. 
      0Reply
    • Drew SygitBusiness Member
      Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
      1mo

      Check with an attorney, so you can hold your PMC accountable.

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  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    1mo

    It sounds to me like miscommunication between the PM and you led to the wrong method of resolution. PM should have made double sure about what you really wanted to accomplish--get in lease compliance OR vacate.

    Advice: you can spend lots of money speaking with attorneys, going to court, and chasing the ex-tenant. Chances of recovering any 'lost future rent' are slim and none.

    Chalk it up to tuition paid to the Real Estate University, and just move forward. Good luck!

    0Reply
  • Kyle MccawBusiness Member
    Property Manager · Keller, TX · Member since 2011 · 1k+ posts · 1k+ votes
    1mo

    The PM has this backwards if the tenant was told to comply or vacate because they broke the lease. That is not you ending the lease for convenience. That is them choosing to leave rather than cure.

    Whether they still owe rent until it is re-rented depends on the lease and Washington law, including the duty to mitigate. I would not take the PM’s read as final. Get the lease, the written comply-or-vacate notice, and the statute they cited in front of a Washington landlord-tenant attorney before anyone tells the tenant they are off the hook.

    Being passed between managers is a separate problem from this file. The file in front of you is breach, notice, and who owes rent. That is a legal call, not a forum call.

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  • Diana KhanPro Member
    Attorney · 10451 Mill Run Cir #755 Owings Mills, MD 21117 · Member since 2024 · 388 posts · 151 votes
    1mo

    @Kimberly Gibbs-egan, one thing I’d do before making any decision is ask the property manager for the full file in writing. I’d want copies of the lease, pet rules, every notice that was sent, the tenant’s response, and the exact reason the PM believes rent is no longer owed.

    That gives you a clean timeline to take to a Washington landlord-tenant attorney and also helps you see whether the issue came from the lease, the notice, or how the property manager handled it.

    I’m a Maryland attorney, so I can’t speak to Washington law, but I would definitely want that paper trail before accepting the PM’s answer or writing off any rent.

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    • Kimberly Gibbs-egan
      OP
      Member since 2022 · 8 posts · 3 votes
      1mo
      Quote from @Diana Khan:

      @Kimberly Gibbs-egan, one thing I’d do before making any decision is ask the property manager for the full file in writing. I’d want copies of the lease, pet rules, every notice that was sent, the tenant’s response, and the exact reason the PM believes rent is no longer owed.

      That gives you a clean timeline to take to a Washington landlord-tenant attorney and also helps you see whether the issue came from the lease, the notice, or how the property manager handled it.

      I’m a Maryland attorney, so I can’t speak to Washington law, but I would definitely want that paper trail before accepting the PM’s answer or writing off any rent.


      Excellent advice-thank you! We will request that right away. :)
      0Reply
  • Jim Johnson
    Real Estate Agent · Memphis · Member since 2026 · 555 posts · 320 votes
    1mo

    I wouldn’t assume their rent obligation ended just because they chose to leave after being told to comply or vacate. The key question is exactly what notice the PM served and whether the tenancy was actually terminated by the landlord or the tenants elected to leave rather than cure the lease violation. That distinction could change the answer. Since this is Washington and the notice language matters, I’d have a landlord-tenant attorney review the lease and the actual notice before accepting the PM’s position that they owe nothing once they move out.

    0Reply
  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1mo

    You should have charged them to keep the do and you wouldn't be in this situation.

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    • Kimberly Gibbs-egan
      OP
      Member since 2022 · 8 posts · 3 votes
      1mo
      Quote from @Adam Bartomeo:

      You should have charged them to keep the do and you wouldn't be in this situation.


      Agreed- the PM actually sent the letter without asking us, but it is what it is at this point. 
      0Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    1mo

    Comply or vacate means tenant is choosing to not abide by the lease terms.   I would be charging them until a replacement tenant is found or their lease terms end.

    Posts that indicates otherwise might as well outright state lease term end means nothing if all a tenant must do to be released from the lease is not comply with the lease.  This is an absurd interpretation.

    The issue is legal fees will be high.   I suspect your best option is to collect in small claims which is a hassle.   Even if you win, the tenant may not pay.  Then you need to have an asset hearing and judge will likely approve a payment plan.   If they still fail to pay, it requires additional effort.   The process can be a PIA.   I have 2 going through the process (only one is RE related) at this time.  Process seems broken.

    Good luck

    0Reply
  • Jimmy LieuBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2019 · 3k+ posts · 2k+ votes
    1mo
    Quote from @Kimberly Gibbs-egan:

    Hi all- I have a quick question which I'm pretty sure we know the answer to, but just want to be sure we're not missing something. 
    We have a tenant in Bremerton, Wa who got a dog- dogs are permitted with prior authorization and a deposit. They didn't get a prior auth and our property manager told them they needed to, but not to do it again. They did it again. This time our PM told them to comply or vacate and they said they were leaving.  Our PM said that because we told them to leave, they are not responsible for paying the rent until a new tenant is found, which is what it says in the lease. We argued with them that they are leaving because they are not in compliance and provided the RCW- have not yet heard back. This is a reputable Property manager (Windermere) and we have been passed around to multiple PMs over the past couple of years as they don't seem to stay long- saying this because I don't think they have much experience. 

    So should they be paying until a new tenant is found?

    Hey Kimberly, from my understanding I’d push back on the PM’s interpretation too. If the tenants are breaking the lease and choosing to leave rather than cure the violation, that’s different from you simply asking compliant tenants to move out. Washington’s RCW 59.18.310 generally provides that a tenant who abandons a fixed-term tenancy can remain responsible for rent during the reasonable time it takes to rerent, while the landlord has a duty to make reasonable efforts to mitigate the loss. The exact notice your PM gave them and the wording of your lease could change things, though, so I’d have a Washington landlord-tenant attorney review those before withholding anything or pursuing unpaid rent.

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  • Sean SmithBusiness Member
    Real Estate Agent · Seattle, WA · Member since 2020 · 161 posts · 105 votes
    1mo

    @Kimberly Gibbs-egan If you are actively involved in unlawful detainer, which is the formal court lawsuit to evict a tenant, collecting rent is either unlawful or highly discouraged as it complicates the eviction. If your PM served a Notice to Pay or Quit and the tenants "quit", meaning they surrendered possession of the property back to you, you can still collect rent during that time. In most situations however if the the tenant delivers the property back to you after a notice to pay or quit, they aren't on the hook for rent while you find a new tenant.

    My opinion: I'd be you got the property back and that the tenants didn't put up a fight, withhold rent and force your hand to start an eviction. Yes it's unfortunate to lose a paying tenant going into the slower renting season, but this is about as clean as it gets. And it sounds like they were a bit of headache to start!

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