Tenant breakup

2 Replies

 I have run into a difficult situation with my tenants in my first rental property. After running extensive screenings (background/credit checks, references from employers and landlords), the tenants have split up and are breaking their lease after a month and a half. They are paid up for rent for the month, the woman has moved out and the man and his children are still living there. He says that he can not afford to stay and will be out by the end of the month, but I am not convinced that he will actually move. I have expressed to him that he will be responsible for rent if he stays. My question is, do I advertise the house for rent starting next month? What if he isn't out by then? Is he then responsible for the entire month's rent or only half? Thanks for any insight.

It's early to start an eviction, he is paid up.

I might start showing the unit now, but don't think I would sign a new rental agreement until I am more comfortable with the move out date.

Do you have any clauses for penalties for breaking the lease?  Did he give proper notice to move out at the end of the month?

In general you are not allowed to charge two people rent a the same time.  So if someone new moves in quickly, you need to refund the current tenant the prorated amount.  But you can probably charge prorated rent until you find a new tenant, depending on your lease and local landlord tenant law.

Focus on getting him out as soon as you can and be fair with deposit return.  It's a bummer for you, but only charge for your true losses.  We can usually financially break even if they leave it in good shape and we hustle to find a new tenant.

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