Tenant moved out with out a 30 days notice

8 Replies

hi my tenant called July 29 and said he wants to move out august 10 .I told him the month to month lease clause stating he is supposed to give a 30 day notice .I told him my agent can show the property if its ok and he agreed to it. 2 days later my agent goes there to show the property and she called and told me the tenant gave me the key and its vacant. when I called him and asked for rent he says the month to month clause in the lease do not have mine or his initials while the lease clearly says after the one year lease if the property is not been evacuated then its gonna be month to month (I have his text  june 17) saying he and his wife decided to go month to month .all the paint is messed up the carpet in the whole townhouse has strains and marks on it.the plumbing is leaking he never told me cuz he  has 75 dollar repair deductibles any suggestions thanks

Originally posted by @Wadood Jumriani :

the plumbing is leaking he never told me cuz he  has 75 dollar repair deductibles any suggestions thanks

 Get rid of the $75 repair deductible so future tenants don't delay notifying you of situations that will cost you a lot more money than $75.  

I would keep the full deposit, make the repairs, and move in the next tenant. If your considering going to court for lost rent and damages you'll more than likely lose more $$ than you would if you just moved on.

If they just left they are still under the lease. You could evict them, but what's the point? I would just keep the deposit and move on. I would agree with Randy as well and recommend you get rid of the repair deductible. 

If it is a one year  least that converts to month to month I can see where you may have some confusion.  However it sounds like you got notice they were staying.  In any case most states require you to account for the security deposit damage deductions.  I would within the timeline of your states guidelines send a letter accounting for how the deposit was allocated. Even if you keep it all you need to provide them the letter and accounting.  If the lease doesn't say you keep the whole deposit you could likely keep the month if you can't get it rented for that time because for actual damages but check local guidelines. The 75.00 repair deductible is I think costing you more then it is worth.

Maryland is strict on security deposits, so make sure you read and follow your local and state requirements.  I know in Anne Arundel County I must have required wording in the lease detailing the tenant's extensive rights, and I also have to pay 3% annual interest on any security deposits kept, even though no escrow account near here pays even 1%.  You must document all charges and send any excess back to them in a timely manner, and they have the right to sue for 3 times the amount of any disputed charges, so make sure you are careful about documentation.  Unless you have an early termination fee written into the lease, it's my understanding that in MD you can only charge for actual days vacant, even if they left 2 weeks into a year lease, but it sounds like itemized damages will take most of the deposit, anyway.

thanks for replying couple of question 1) do I have to provide all the receipts of painting guy cleainging  co. and home depot or just itemized them in the bill .in MD every one charges a deductibe .  2) the tenant messed up the paint in all the rooms then he tried to patched it then he tried to paint but realized that its a lengthy job since every room has different colors I took pic of all the rooms with patches now how to charge him since im planning to paint the entire house and cost me 900 dollars .thanks

I have provided copies of the repair bills when it's a serious amount and I'm keeping most of the deposit or billing them for more than the depsit (although I've never had a tenant actually pay the extra billed amount) just to support my case so they know I have proof and hopefully won't contest it.     

As far as the painting, it depends on if they messed up brand new paint completed right before move in or how many years since it's been fully painted.  If it was 3 years since the last full paint job, then you can't charge them for painting, anyway, just damage done to walls exceeding normal wear and tear.  It can be frustrating, like my last bad turnover where the tenant destroyed 2-year old carpet, so I had to pay to install new carpet but could only charge them a percentage of it, not the whole amount, even though it wouldn't have needed replacement for years if not abused.   You'll find really good tips here on hardening your rentals, and you'll find it better to just paint all in one color to make it cheaper and easier for future touch-ups.  

Adjust the deductible, clarify the lease and move on. At least they're out so you don't have to fight that battle. Clean it up and get it rented.

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