Tenant moving out, trying to keep rent

7 Replies

Hello All, 

I gave a tenant their 30 day notice 40 days ahead of time, the lease is set to expire on the 15th of March. She is claiming that she does not want/need to pay for the month of March( due on the 5th) because she wasn't for any point in the month. She took the liberty of moving out early, and is now claiming that she won't pay and expects the full deposit back. Does any one have any advice or input ? 

Thanks! 

An additional note: I have someone ready to move in, screened, and vetted. I could just let her go , and move the new tenant in.

@Tyler Mutch - I'm not understanding your dilemma. You wanted her out, she got out early. We usually have a month vacancy at turnover. Are you somehow winding up with a longer vacancy? As for the deposit - do your normal turnover. Make sure you document any deductions and follow your areas rules to the letter. Best of luck. Carol

@Carol C. I'm sorry, I guess I wasn't clear. The lease expires on the 15th of March, rent is usually due on the 5th. She is moved out, but is unwilling to pay rent for March, because she chose to move out before March 15th when the lease expired. 

If the unit is vacated you should be free to clean and relet. What is confusing is that your lease is up mid month but you collect rent on the 5th. Did you expect your tenant to pay and stay for the entire month of March? What did he or she expect? I would relet and deduct any damages to the property and return the remaining deposit. Next lease maybe have the lease end on the last day of the month and always spell out on the lease what damages are due to you if rent is not paid through the full term of the lease. If you can fill the vacancy it might be best to operate under a “no harm no foul” policy. It sounds like your vacancy is a pretty short period and you will need time for makeready anyway. A lot if pm’s have a letter they send out when a tenant will be leaving spelling out exactly what they need to do to get 100% of their deposit back.

you clean up and rerent apartment asap, but according to your standards. if there are any days tenant should have paid for, but didn't, AND unit was vacant, then you deduct those from sec deposit, assuming it is within you local landlord regulations.

When is the new tenant moving in?   If on the 15th, your previous tenant owes rent from the 1st to the 15th.  Take this amount out of her security deposit.

If the new tenant is moving in the on the 1st, your previous tenant no longer owes you any rent for March (assuming the new lease is  starting March 1).

Gail

When a tenant moves out or breaks their lease early you have to make a reasonable attempt to rent the unit. If you say you have someone ready to move in and screened to your criteria, you can’t make the former tenant pay. If their rent is due on the 5th is it really worth 10 days of rent to fight it?

Deduct for any damages (outside wear and tear) and return the security deposit.

216-503-6300

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