Should I stop eviction process if I received Keys

Question

Hi BP,

I have an inherited tenant that is on a 24 month lease, he has 12 months left on his leave.  This month he decided not to pay August rent which was due no later than 7th,  I sent a pay or quit notice on the 8th day and file an eviction on the 11th day.  Tenant notified me on the night of the 11th stating that he will move within the 3 day pay or quite period.  note, the three day pay or quit period have already expired.   questions I have:  if tenant moved out between the 4-6 days without paying rent and late fee due,  should I stop the eviction process?   The lease requires tenant give 30 days notice and pay two months rent if he breaks the 24 months lease.   My initial thought process now is to sue tenant for August rent, late fee, court cost and three months rent since he did not give 30 day notice and pay two months rent for breaking the lease.

I am looking forward to hearing your feedback,    Thank you in advance

Oleg Shalumov · Answer

@Steve Mitchell, can't you deduct the amount from the security deposit?

Ansel Harris · Answer

@Gail Kaitschuck

Thank you! I like your thought process for number three.

Gail K. · Answer

For what it's worth, I have gone ahead and filed for an eviction when a tenant breaks a lease and both ignores the early lease termination clause and my suggestion to continue to pay rent until a replacement tenant is found.

Why?

1. It's inexpensive for me to do so in my county (under $100 for one tenant).

2. It's often required for me to be able to follow up with a lawsuit for owed rent/damages for any amounts above the security deposit (assuming I manage to later find this tenant and decide to go this route).

3. Even if I decide not to do what I stated in number 2, there is some satisfaction in knowing an eviction remains on a credit history for a certain number of years.

Now...Steve...you cannot sue your tenant for something that has not taken place yet...in other words, the two months worth of rent for September and October.  You can begin the process of re-renting this unit and once you have it rented you can consider a lawsuit for owed rent for August AND the time period the unit remained empty PLUS any advertising costs to do so PLUS any damages above normal wear and tear the tenant cause MINUS any security deposit this tenant provided.   In addition, make certain you do provide this tenant with the status of their security deposit (if they provided such) within the required time period for Georgia (one month) after they vacate the rental unit.

I hope this makes sense.

Gail

Ansel Harris · Answer

@Brooklyn A.. Why is that? Are there no penalty if tenant breaks lease?

Ansel Harris · Answer

Thanks Brie,   Will the garnishment affect their credit score or show up on their record when future landlord do background checks?

Brooklyn A. · Answer

Contract penalties aka "shotgun clauses" never survive in court.

Brie Schmidt · Answer

It depends, I usually do not proceed with eviction if they vacate beforehand.  Yes, I can go through the courts, spend time and money, and get a judgement.  But am I going to collect?  Probably not.  Unless I have their banking information and/or the employer information I can't do a garnishment.  Over the years I have had about 20 judgments and have filed for garnishment, but never once did I get it processed because they typically lost their job which is why they couldn't pay rent.  So I just stopped doing it.