Delay in showing property to new renters after lease breakage

4 Replies

We bought a new home and had to break the current lease for the condo we are renting (State: Texas). The lease runs till Aug 2018. We broke the lease with the required 45 days notice. Per the lease agreement, we are responsible for the rent & utilities till a new renter is found. We moved out, cleaned the house using professional cleaners and informed the property manager end of Dec 2017. It has been 3 weeks since we informed them, but there is no update on doing the required repairs (like some paint work) and make it ready to show to prospective renters. The property manager seem to be in no hurry to rent the house. Whenever we call the property manager, she sounds rude for breaking the lease and is non-committal about when the house will be available for any new renter. I did not object to any repair work she mentioned but I am still waiting on the cost I need to pay for the repairs.

Is there a reasonable time frame by when the property manager is expected to get the house ready for showing from the move-out date? I have paid the January rent. Should I withhold the February rent assuming the property is not rented till then?

Originally posted by @Ananth Nari :

We bought a new home and had to break the current lease for the condo we are renting (State: Texas). The lease runs till Aug 2018. We broke the lease with the required 45 days notice. Per the lease agreement, we are responsible for the rent & utilities till a new renter is found. We moved out, cleaned the house using professional cleaners and informed the property manager end of Dec 2017. It has been 3 weeks since we informed them, but there is no update on doing the required repairs (like some paint work) and make it ready to show to prospective renters. The property manager seem to be in no hurry to rent the house. Whenever we call the property manager, she sounds rude for breaking the lease and is non-committal about when the house will be available for any new renter. I did not object to any repair work she mentioned but I am still waiting on the cost I need to pay for the repairs.

Is there a reasonable time frame by when the property manager is expected to get the house ready for showing from the move-out date? I have paid the January rent. Should I withhold the February rent assuming the property is not rented till then?

 I would say 30 days is a reasonable time frame for them to get into the unit. Sounds like a quick job so i'd imagine it should be totally rent ready within 45 days. If after 45 days it's not I would challenge them on not making a reasonable effort to try to re rent the space.

I would check the residential Act for your area and see what that says. For my province/ state, they need to start right away unless there is serious maintenance issues. The tenant can even do advertising and showing on their own to try to find a suitable tenant. You may also be able to put in an application of dispute to the tenancy board, this can help get the PM to find a renter quicker.

As long as the owner can show they are making a reasonable effort you do not have a case. Your opinion of their effort is secondary.

45 day notice makes you responsible for rent up till mid February and possibly longer depending on when they find a new tenant. You should pay February rent and expect a partial refund assuming the place is rented by the time the 45 days are up. If it is not rented by that time it will be a case of them taking you to court or you taking them to court.

This is all dependant on your state landlord tenant regulations which by now you should have researched on line.

I personally require tenants to give legal notice to their present landlords which in some cases will stretch out the time required to find a replacement tenant. Legally I am justified in do this. I would personally expect to have a new tenant for the first of March based on your notification. Mid month Feb, definatly no sooner, assuming it is common in your area for tenants to move mid month.

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