Tenant breaks lease earlier, claiming to have sent me notice.
Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
Here is the story. My tenants were 2 days late on the rent, when I texted them with the unavoidable question I got a reply "Hi, I sent you a memo back in June that we were leaving mid. August "
What??? I never got any memos. And how can I prove that???
Turned out the tenant's husband got cancer for the second time, which was the reason for them to lose their house years ago. From her words she doesn't know how long he got to live. They can no longer stay at my property.
My husband promptly posted Notice to Quite on there door, to protect ourselves in case they would not move out like they say. I was instantly excused of being unprofessional and heartless.
Now they have to pay $ 2000 in early termination fee according to the contract. I know I will never see that money. And I know they will probably ask for the deposit back.
I feel very bad. After all they were alright tenants.
What would you do next?
I would tell them that I was sorry to hear about the husband's health situation.
I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.
A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.
The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.
I would keep them accountable for August rent, but let them break the lease and move-out without penalty.
I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.
I would also, provide them with a community resource list. As they will need many services and other support at a time like this.
I would tell them that I was sorry to hear about the husband's health situation.
I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.
A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.
The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.
I would keep them accountable for August rent, but let them break the lease and move-out without penalty.
I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.
I would also, provide them with a community resource list. As they will need many services and other support at a time like this.
@Account Closed said above. I am in business to make money, but not off the backs of those suffering a catastrophic health event. If that is not enough remember that courts sit in both equity and in law. Despite your contract the court may give them a break. in fact truth is I really admire Marcia's post above. That is a class act.
Thank you very much for your reply. I just emailed them and wrote just what you suggested .
I would tell them that I was sorry to hear about the husband's health situation.
I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.
A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.
The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.
I would keep them accountable for August rent, but let them break the lease and move-out without penalty.
I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.
I would also, provide them with a community resource list. As they will need many services and other support at a time like this.
I would tell them that I was sorry to hear about the husband's health situation.
I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.
A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.
The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.
I would keep them accountable for August rent, but let them break the lease and move-out without penalty.
I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.
I would also, provide them with a community resource list. As they will need many services and other support at a time like this.
Thank you, Marcia. I knew your picture was kind of familiar, but I couldn't remember where from. Then I noticed on the bottom of your post " guest on episode 83" I realized that I was listening to that podcast a while ago. Now I am sure to find time to listen to it again today more closely.
@Account Closed, I would go with what @Marcia Maynard said above. I am in business to make money, but not off the backs of those suffering a catastrophic health event. If that is not enough remember that courts sit in both equity and in law. Despite your contract the court may give them a break. in fact truth is I really admire Marcia's post above. That is a class act.
Thank you , Jerry. You are very active on BP forums . I always read your communications with other members and really learning a lot from you.
Marcia, i commend you and ciuldn't agree more. People today don't always understand that a kind gesture creates very positive waves in kind.
Give them a break. Anyone could be in the situation even your or I. RE is a people business.
First thing you need to realise is that you have nothing to feel bad about. Get over that and consider your situation not theirs.
What would make you believe your tenants medical excuse story. Why would a "medical" condition prompt a sudden departure and why would they not be paying their rent. Your getting scammed and most likely they are simply moving to some other place of their choice.
Landlords see this all the time when tenants give short notice and start making excuses.
Hate to see landlords get conned like this. Separate your emotions from business decisions and you will see through the smoke.
First thing you need to realise is that you have nothing to feel bad about. Get over that and consider your situation not theirs.
What would make you believe your tenants medical excuse story. Why would a "medical" condition prompt a sudden departure and why would they not be paying their rent. Your getting scammed and most likely they are simply moving to some other place of their choice.
Landlords see this all the time when tenants give short notice and start making excuses.
Hate to see landlords get conned like this. Separate your emotions from business decisions and you will see through the smoke.
Thank you ,Thomas. That was exactly my thought at the beginning , but then I was aware the husband-tenant had some kind of health issues ,he was on dialysis and spent some time at the hospitals .
I guess they figure since we have thier last month rent they just going to stop paying and move out. I don't think I can't charge them $2000 early termination fee, because they simply don't have it and It doesn't feel write.
Come to think of it, I felt sorry for them when my realtor (that i hired to find tenants) told me of thier story of having a bad credit due to forclosure. At list, I thought they are being honest. Their income was closed to 3 months rent so I thought I'll give them a second chance. My realtor also told me she had a good feeling about them, on the other hand I had a gut feeling that that wasn't going to workout somehow. But being a new landlord with no experience what so ever I decided to go with her gut instead.
Next time we will try to make a better choice, after all losing rent and paying mortgage out of pocket is not exactly fun.
I would tell them that I was sorry to hear about the husband's health situation.
I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.
A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.
The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.
I would keep them accountable for August rent, but let them break the lease and move-out without penalty.
I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.
I would also, provide them with a community resource list. As they will need many services and other support at a time like this.
@Account Closed, I would go with what @Marcia Maynard said above. I am in business to make money, but not off the backs of those suffering a catastrophic health event. If that is not enough remember that courts sit in both equity and in law. Despite your contract the court may give them a break. in fact truth is I really admire Marcia's post above. That is a class act.
Here is a little update, if anyone interested. Our tenants never came to walk through. Left the door open, keys inside, trash everywhere. But the most outrageous is the apartment is contaminated with fleas and bedbugs from floor to cieling.
Having cancer is one thing being filthy pigs is athother.
That always hurts when that happens. You do have the right to get reimbursed for the costs of remediation, but there is the blood out of a turnip problem. Sorry to hear that happened. you cannot control what some people do, but don't let their actions control how you feel about life. Shake it off and move forward.
Give them a break. Anyone could be in the situation even your or I. RE is a people business.
That always hurts when that happens. You do have the right to get reimbursed for the costs of remediation, but there is the blood out of a turnip problem. Sorry to hear that happened. you cannot control what some people do, but don't let their actions control how you feel about life. Shake it off and move forward.
Thank you, Jerry. I needed to hear that. I am trying to see my goals in front of me. After all, I will grow thicker skin, but being a newbie it pretty hurst right now. Still learning to take emotions out of business.
That always hurts when that happens. You do have the right to get reimbursed for the costs of remediation, but there is the blood out of a turnip problem. Sorry to hear that happened. you cannot control what some people do, but don't let their actions control how you feel about life. Shake it off and move forward.
Also thank you for teaching me a new idiom:-) Having English as a second language makes me learn every day. You, on the other hand, are very well spoken, I always enjoy your coments.
@Account Closed, thank you for the kind words. I would never have guessed English is not your native language, you are very articulate. I actually love idioms. The normal saying I heard growing up is "You cannot get blood out of a turnip" That was used to reference trying to collect money from someone who did not have any money.
It is always hard to separate bad things people do from thinking it is an attack on us. We often think maybe if I was this kind of person or if I had done this the person would not have done this to me. That is rarely true. in my business I have come to understand that those who steal or destroy or harm others are doing it because they can, not because they do not like you. Victims are simply victims of those who do bad or criminal acts, they rarely do anything to deserve what happens. Sometimes people do bad things whether is because of necessity or just because they can does not change that they are doing the bad things, so do not take responsibility for those actions, learn to be more vigilant and go on. Good luck on your investing.
Jerry
@Account Closed, thank you for the kind words. I would never have guessed English is not your native language, you are very articulate. I actually love idioms. The normal saying I heard growing up is "You cannot get blood out of a turnip" That was used to reference trying to collect money from someone who did not have any money.
It is always hard to separate bad things people do from thinking it is an attack on us. We often think maybe if I was this kind of person or if I had done this the person would not have done this to me. That is rarely true. in my business I have come to understand that those who steal or destroy or harm others are doing it because they can, not because they do not like you. Victims are simply victims of those who do bad or criminal acts, they rarely do anything to deserve what happens. Sometimes people do bad things whether is because of necessity or just because they can does not change that they are doing the bad things, so do not take responsibility for those actions, learn to be more vigilant and go on. Good luck on your investing.
Jerry
Thank you, Jerry. There is a lot of wisdom in your words.
I just instantly remembered a quote that kind of correlates with your thoughts " How you see me, has nothing to do with me, it has everything to do with you"
It helps realize, like you said, that we need to stop blaming ourselves if someone did us wrong.
Thanks again
Svetlana