tenant breaking lease....now what?

Question

My tenants are having problems with their newborn and have to move in with family to afford the medical care. I was just informed by my tenant that they are going to be breaking the lease as of November 1. What can I do to minimize my losses and keep the house from going back?

Jason F · Answer

my advice is be polite to them and try to work with them to leave the place clean. tell them you would like them to leave ASAP and leave it in good condition.

obviously you can 'go after them' all you want, but what are you going to get other than their first born. understand that you can huff and puff all you want and threaten to sue if they don't do this and they don't do that, but that won't motivate them if they have nothing to lose.

if i were you, my goal would be to be as nice as possible to raise your chances of getting that place back as clean as possible.

J.N. Miller · Answer

Give the legal notice required by your state law to go in and  inspect--see what condition the unit is in & start advertising and showing it immediately. If they are having money problems, get rid of them asap--no money equals no rent equals eviction. You can show your rental with notice  to current occupants.to a prospective renter --deduct the costs of the ads to re-rent  from the security deposit.Joann

Jon Holdman · Answer

Does your lease address this situation?  Typically, a lease says they're on the hook until the end of the lease.  In most areas, though, you have to make an effort to re-rent it, and can only collect rent from them until you get it re-rented.

I'd tell them they must immediately clean the place up nicely.  And that you will be bring prospective tentants into the place for a look.  Tell them you expect their fully cooperation so that you can hopefully have it re-rented starting Nov 1 so they won't owe you any additional rent.  Tell them you expect them to move out enough in advance of Nov 1 that you can do any cleanup, painting, etc, so the new tenant can move in on Nov 1.

Since they're moving out early, you can usually include the cost of re-renting in the items deducted from their security deposit.  Advertising, screening costs, etc.

Make them aware that if they're uncooperative, or if you can't rent it util 12/1 or whatever, they are still on the hook for the rent until you can.