Tenant broke lease, now what?

Question

I'm a new landlord so this process is all new to me. My issue is I had a three month lease with a tenant and they moved out a month early saying they just got in over their heads. They moved out without warning and then sent me a email wanting to know if they could work out payments for the remainder of the lease. I want to work with them, but I have a real doubt they will pay anything even if I make arrangements with them.

Should I just file this with the district magistrate to collect my $500 in owed rent or work with them in the hopes of maybe getting at least some rent?

Ryan B. · Answer

It is probably going to cost you more in court fees and headaches than the $500 they owe you.  Chalk it up as a lesson learned and move on.

Lolita Ellis · Answer

I agree. And as they always say experience is the best tea her.  Get the security deposit, check history on candidates. But hurry and focus on getting it rented out.

Troy B. · Answer

Well, she told me she left the place clean but after visiting the apartment today, it was anything but. The place was very dirty, a busted door jamb, clogged sink, snagged and stain carpet. I will be calling the magistrate office Monday morning. Doesn't pay to take sympathy on people I guess. I learned my lesson!

Patrick Cameron · Answer

I say just put your energy towards getting it rented out. Ensure you get a security deposit this time! I'd chalk up the loss to an expensive lesson. The chances of getting paid are slim and the energy to get it aren't worth it in my opinion. This situation is why we account for a vacancy expense.

Steve Babiak · Answer

I doubt they'd be paying it one way or the other, unless they found someplace WAY cheaper to rent.  If they don't have enough money to pay your somewhat modest rent, they probably don't have excess money to make installment payments to you.

Although they might get to a better place in life in the future, in which case you might actually find that they pay on a judgment.  If you know enough about the tenant, you might be able to take a guess at whether this is within their potential.

Rolanda Eldridge · Answer

I would give them 60 days to pay balance.  Bad things happen to good people.  Seems like they meant well.  They left and cleaned the place which was great! If they have a job or bank account you can get a judgement  with garnishment.   In my area to file in small claims is not very expensive and court filing included in judgement.  *****One of my # 1 screening is good work history with stable income in the event this happens***. However it seems like they have good intentions and you might not have to pursue.....under $300 let it go..over $500 consider pursuit....good luck

Theodore B. · Answer

One thing you can be glad about is that they moved out and did not stay and you had to evict them..not only would you have to pay court fees, but you would have to wait until you got them evicted before you could rent the property again.  I would go ahead and get the place relisted and get it rented asap to start recouping your cost

Tom Juhn · Answer

First of all, first month's rent with security deposit paid cash or cashiers check. I have had tenants bounce the first personal check and then I have to pay for eviction.

They will never pay you unless forced to do it. Go after them with everything you can. This is a business not a charity.

Bienes Raices · Answer

Yeah, this isn't a good idea, although I suppose in some very low income areas it may be unavoidable. I now put in my ads that the entire deposit has to be paid at once, and mention it again on the phone when they call.

Troy B. · Answer

I know I will hear about this, but I made a new landlord mistake and told them they could make payments on the security deposit. The tenants never did make any attempt to pay the security during their two months, so No, I don't have that to take as payment for the lease remainder. One good note is they left the place pretty clean.

Tenant broke lease, now what?

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