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Updated over 15 years ago on . Most recent reply

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Donny Random
  • Asheville, NC
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Tenant Leaving Before Lease Expires, NEED HELP!

Donny Random
  • Asheville, NC
Posted

I have a tenant that informed me last month that she did not like the apartment and she wanted to move. I informed her that she would be responsible for the rent until we found a new tenant or until her lease expired. She and I have been working to find a new tenant the last month with no luck thus far.
She informed me this week that she has bought a house and that she is going to start moving this weekend.
I want to prepare myself for the possibility that she will not fulfill her lease agreement and will not continue paying the rent after she moves. What should I do in preparation for this?
What are my options? Help!

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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,128
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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

Yes, you'll need to ask. You have to send her the deposit accounting or anything else back. Tough without an address.

I don't much like the "forfeits the deposit wording". Mine says there is an "improper lease termination fee", then sets the fee, then spells out exactly what "improper lease termination" means.

You will still need to charge her for any damages you have to repair or cleaning that must be done.

Since she's breaking the lease, you can usually charge her for some fees that normally aren't chargable, like advertising and tenant showings.

Plus you can charge for the rent until you get it re-leased.

You'll need to keep track of that, and include it along with her deposit in a summary. I assume she will end up owing you much more than the deposit.

If you don't get rent on 11/1 as scheduled, and she still has anything there, you could also file an eviction.

Realisitically, I doubt you have much chance of collecting anything beyond the deposit you already have in hand. But if she's buying a house you have a better shot than with most tenants who just disappear into the night. You will probably have to take her to small claims court, if the amount is low enough and get a judgment. Then, try to collect the judgment.

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