Tenant asking to leave month to month lease early

7 Replies

Hello all, 

Soliciting your advice. I have a tenant who wants to leave at the end of the month with only 12 days notice. She is currently $3,400 behind in rent payments. What do you guys and gals recommend? Should I let her go and how do i increase my chances of getting the past due rent money?

thank you all in advance

 She is $3,400 behind.  Not only should you "let" her leave, you should be forcing her to leave via an eviction.

I agree with James.  Being that far behind in rent would get you evicted in my book.  Unless your rent is $3,400 a month? :)

the title of this thread made me scratch my head…how do you leave early from a month to month contract? …maybe you require one month notice and she only gave you 18 day notice??? and yes, she needs to go. $3400 is a lot of money, but I bet 4 months from now..that number will be closer to $5,000 if she stays. 
Im sorry to hear of your frustrations with this tenant. Do you do background checks and verify income? 

She is doing u a favor.

Tell her is she signs a payment plan agreement you will let her out early.  (Or better yet a confessed judgement for the money owed)  

Realistically don't expect any money and be thankful she want to leave on her own. 

What was the monthly rent? How did she get this far behind? She's leaving and that is good.... stop the hemorrhage. Your goal should be to negotiate a smooth move out and to mitigate damages as much as possible.

The money due for back rent is as good as gone. But take it to collections since it is a significant amount. Try to keep track of where she goes, so they can find her. I've actually had tenants, who owed money for unpaid rent and damages, sign a promissory note which acknowledges the amount of their debt and create a payment plan. When you do this, sometimes a tenant will actually pay a little, if they don't, at least the collection agency will be able to use it to make their job easier.

Georgia tenant law quoted here: I would cover myself with a suit for an eviction, which would allow me to get a monetary judgment (more important than the eviction) if she is served with the paperwork ( tack and mail doesn't allow us here to get a monetary judgment) . Advantage, you're protected legally, you have an address to serve paperwork, you probably will get a legal and enforceable monetary judgment that you can use to collect or garnish, and you don't have to go to the trouble of finding the tenant after they disappear. I would tell her in advance that you will be filing an eviction to protect yourself legally, (so she doesn't get offended, and possibly  add more problems out of spite) and try to get a written statement stating that she is waiving the 30 day notice (30 day month to month termination in Maryland unless rent is delinquent-please verify!)

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