Tenants wants out of lease in 15 days

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Tenants wants out of lease in 15 days

Luke H.
Real Estate Investor · Dallas, TX · Member since 2013 · 388 posts · 174 votes

A tenant just called me and asked if I could work with them on the following.  They found another property and want to be out of mine by Dec 15th.  They even asked if on tomorrow, Dec 1st she could prorate the rent.  I told them I would have to grab the file and take a look at the lease before agreeing to anything.  I also told them they are still responsible for the entire rent payment on tomorrow..

1) The lease states that the tenant must give 30 day written notice BEFORE the anniversary date.  If they do not give 30 day written notice the lease automatically renews on the anniversary date.  

2) The anniversary date is tomorrow Dec 1st.  At which time the lease automatically renews for an entire year.

3)They said she just sent the written notice and I haven't gotten it.

So a few hours before the lease is set to automatically renew for the entire year I get a call and in what I consider to be an emergency voice tone I am asked if I will let them out of the lease. 

This will have a major impact on my schedule, routine, revenue, and labor force.

Suggestions/ Feedback/ Thoughts on how to proceed here.
Thanks

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Michele FischerPro Member
Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
9y

Collect all of December rent with a statement that you will refund part of it if you find a tenant quickly.  Get the written notice ASAP.  Let them go if they want to go, you'd rather have a tenant who wants to be there.

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  • Colton S.
    Investor · Wendell, NC · Member since 2014 · 189 posts · 54 votes
    9y

    First, I wouldn't recommend a lease that auto renews for a full year, there is always a benefit to going month to month, just in case you wanted to get rid of them.

    Second, If you don't have the notice, then too bad. They are in violation of the lease. See if she has proof of sending it, certified mail receipt, etc.

    Charge them what you would for cancelling early, as your lease should outline.

    1Reply
  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    If they did not give proper notice as stated in the lease, I'd tell them that they will be responsible for all rent until you find a qualified tenant, and that if they want out that fast, they should probably work to help you find one.  That said, if they really want to move out and do not care about a bad landlord referral if/when needed, then they may just leave, anyway.      

    1Reply
  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Collect all of December rent with a statement that you will refund part of it if you find a tenant quickly.  Get the written notice ASAP.  Let them go if they want to go, you'd rather have a tenant who wants to be there.

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  • Ryan MurdockPro Member
    Rental Property Investor · Austin, TX · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    Is there any law that addresses this issue? Regardless of what the lease states, in Maine the landlord is required to use a good-faith-effort to find a new tenant to replace one who leaves even if it's mid way through a lease term. The existing tenant is responsible to pay rent only until a new tenant is found. If there is something similar on the books in TX it may limit your options.

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    I agree with @michelefisher

    Get as much as you can now, and try and work with them. Sounds like they already have been approved for the next place, and no one will be calling you for the reference 

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  • Luke H.
    OP
    Real Estate Investor · Dallas, TX · Member since 2013 · 388 posts · 174 votes
    9y

    Thanks to everyone for responding. I've made my decision and and working with them.

    0Reply
  • Levi T.Pro Member
    Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    Check your local laws, but as my attorney once told me, automatic lease renewals are not enforceable per the law. If the tenant decides to go toe-to-toe with you on that fact, not much you can do, but do check your local landlord laws. I would guess your local laws afford you 30 day notice like most.

    *Im not an attorney, and entertainment value only*

    1Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    So First hand them a improper notice to vacate, If it come's in the mail then well looks like they would meet the 30 day notice.

    Either way they are responsible for Dec, and basically Jan rent due to improper timing on their part for notice., In your improper notice to vacate you need to put that in writing. They will go either way so once they are gone you do move out statement for security deposit, any money left on account goes to unpaid rent first, then to damages/cleaning. Send it to them in the mail within your state guidelines.

    You will need to show proof of advertising for the apartment as soon as they leave. If you rent the unit, as soon as you can, any period of time that you charged (moving tenant) rent for that the new tenant was there you will have to refund in a new adjusted move out security deposit statement. You can't collect double rent on a unit. 

    Might be bad timing but you could have extra down time to do some fixing you wouldn't have normally done during the vacancy.

    Last is you can take them to conciliation court if they fail to remit balance due.

    Basically sounds like they care enough to let you know they are moving, but not enough to worry about paying much past the date they occupy the unit.

    Next if they don't pay Dec rent in full, give them pay/quit and tell them your filing for eviction which is a Big ding on their rental record for the future but that's an additional cost you'll probably never recover as well as the balance of the rent they'll owe.

    1Reply
  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    Tenants are often, well, stupid.  These folks didn't suddenly wake up one morning and say "let's find another place to rent!"  They've been looking for a place and found one and are now trying to talk you into letting them wiggle out of their lease.   I've found that tenants will try such nonsense with private landlords more often than they will with big real estate companies.

     LEGALLY do you have to do this?  No.   Your current lease clearly states what must be done to avoid the lease rolling over into another year lease; written notice 30 days BEFORE the anniversary date of their current lease.  This would allow you time to advertise your unit and (hopefully) get a new lease signed by the December 1 date.

    Do these tenants care about this clause?  Of course not.   Did they even read the lease when they signed it?  If they did, this clause probably went out of their thick heads.

    (Note: Do you get the idea that I hate when tenants view a legal contract such as a lease as nothing more than a piece of toilet paper?  Do they believe we spend much time putting a lease together because TV is only showing reruns at the time?)

    It's up to you as to what you want to do but I'd suggest to  these tenants to get off their rear ends and invest some time in attempting to find a suitable tenant to replace themselves.  Until then they continue to owe rent as per your lease.  Or, they can consider not signing their lease with this new place.

    While many states require a landlord to make a "reasonable" effort to re rent the unit, the emphasis is on REASONABLE; not heroic, not valiant, not drop everything and spend 24/7 doing this.    Focus on the "reasonable" part during this holiday season.


    Gail

    1Reply
  • Luke H.
    OP
    Real Estate Investor · Dallas, TX · Member since 2013 · 388 posts · 174 votes
    9y

    @Deanna McCormick, Very informative post! Will you please provide a copy of the "improper notice to vacate" letter you mention? I don't have one as of yet.

    I assume posting a 'for rent' sign outside of the yard and taking pictures could be used as proof?

    @Gail K., your post make so much sense and helped me to relax a bit :)

    0Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Inform her she will be responsible for the rent until you find a replacement tenant and take her to court if she refuses to pay.

    1Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    @Luke H.

    basically like this.. 

    Just use letterhead,, Centered in Middle..

    IMPROPER NOTICE TO VACATE

    Resident , address,

    Date,,

    Dear, Mr.. Ex tenant.

    This is to inform you that the notice you gave for vacating your apartment is not in compliance with the terms of your lease. A full 30 days prior to the first of the month is stipulated.

    We received your notice to vacate on >>>>>Dated, 

    You are responsible for the rent period of   >>>> month,, and >>>> month.

    Please let us know how you wish to proceed.

    Management.. 

    Or google a form..

    And proof of advertising is like posting your ad on Craigslist you can print it off.

    or take photo of sign outside time stamped ,, usually you wouldn't need it but a precaution.

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