Broken Lease Agreement and Eviction Fees

4 Replies

3/21/14 - I received a 30day notice in the mail from a Mo-Mo tenant stating they were wanting to vacate on the 21st of April. I informed them that it will be fine and that their rent will be prorated for that month after vacating.

4/5/14 - When April comes along, I don't receive the rent from them. I send a certified mail "Notice to Vacate due to non-payment of rent" on the 5th day w/late fee notification and start moving on the eviction process with the county. An email notification was also sent.

4/15 - I later receive the April payment w/late fee. The eviction process was also stopped.

4/17/14 - Received an email requesting an additional 30 days (5/21) as the place they were planning to move to is not ready. I acknowledge that it will be fine via email and that I will need full payment for that month which will be prorated after vacating.

5/12/14 - Received an email from Tenant notifying me they have vacated the premises and the keys were left in the apartment.

*Do I charge for an early termination fee even though I don't have an actual signed agreemtn? I am under the impression that an email confirmation can be a binding legal agreement.

*Do I charge the eviction fees to the security deposit?

At this point I would suggest you turn over the property (clean/repair the place and rent it out) as soon as possible; charge the previous tenants any costs associated with the turnover and unpaid rents that are permissable per your lease agreement and state laws. There is no sense is trying to recoup eviction or early termination fees. You should have attempted to collect the rent much sooner to when you received notice they would be staying for another month. 

Most courts will not accept email as a means of contacting a tenant. Put it in writing for your protection and forget about all this emailing like Guru's teach.

Joe Gore

Move on with life :)

Thanks for the advice guys/gals!

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here