automatic lease renewal question???

2 Replies

Question.. I have a tenant who just gave me notice .. Her automatic lease renewal started today on November 1st..she gave me notice 2 weeks ago.. we sent out letters 2 months ago asking if she was staying and she didnt return the paperwork.. she said she just found a great house to rent and she doesnt want to pass it up..I was told we should have her sub lease the apartment if she wants out of the lease..we are at 100% capacity and dont have trouble finding good quality tenants so should I let her out of the lease? or if she leaves would 
I take her to court for the whole 12 months lease since it literally just renewed today? my question is are automatic renewals solid??? if you read my back log you will see im new at this so be kind please.. this is an honest question? I dont want to be a jerk but she had mentioned if i dont let her out of the lease i can keep her deposit and she will just move anyway.. I said " well then we will see you in court" but wondering if the automatic renewal holds up?

In this situation if you went to court you will likely only get your damages, you will not get the whole 12 months so cut your loses and try to get a new tenant as quickly as possible. In my opinion you are best getting your own tenant and charging her for any vacancy rather then have her get a subleaser.  We don't use automatic renewals so I can't comment on that but I think you see the hazards of non-response.

Has she paid November rent?   If so , if she co-operates with showings and you fill as soon as she leaves then you have the possibility of no vacancy and she has the possibility to get some of her deposit back. Otherwise she will leave a sloppy unit thinking she is losing her deposit anyway and be unco-operative with showings as she has nothing to gain.  Try to make it somewhat of a win for her if you fill the unit sooner. People are mostly going to move when they want to no matter what you say.

Let her go. You won't get any sympathy from a court in your situation. You said it is no problem to get another good tenant, so you could probably apply the deposit to November and get another tenant by December first. She could easily say she never got the paperwork.