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Mandee H.
  • Investor
  • New Hope, PA
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Can a Tenant Really Terminate Via Text?

Mandee H.
  • Investor
  • New Hope, PA
Posted Jul 19 2020, 18:29

I went into a Month-month lease agreement w/ a long-term tenant once the annual lease was ending. I had mentioned I needed to think about listing/selling the property. This sale/listing decision was considering they said they can no longer buy the property as they had been verbally promising since they moved in as tenants. Shortly upon the new month to month lease agreement, this tenant then sent me a lease termination via text only 15 days in advance to terminate, versus the 60-day written notice stated in the newly signed lease.  Then, to further throw off my new recovery plans (figured I get to work and repair their damages and re-list it), 5-days before the said they were supposed to move out, they texted stating the closing on their new house was moved to the following week, so they had to stay for at least another week.  They Also informed me via text they would then ”pro-rate” the monthly rent to make up/pay for their new, added time at the property.  I honestly never handled this kind of ”hold-over” situation and admittedly, did not respond accordingly.  They also never provided me a new address until today (12 days since vacating), also through text, asking for their security deposit back and to be mailed to their newly purchased home.  I feel like there's several violations here.  One, sending termination via text.  Two, not sharing the new forwarding mailing address until now (12 days after move out) also via text.  Three, they stayed beyond the date they informed me of their move/termination.  And four, 15-day notice versus 60 days as stated in the lease.  So have they ”abandonded” the property and do those laws apply (because the text notices maybe weren't legal?), or are they to be treated as hold-over tenants and will those laws apply (3x’s the daily rent for each day, plus legal fees as stated in my lease) or do they owe me 60 days of rent from the time of notice, if text messages truly do suffice.  Or is 15 days notice ok on their end legally, regardless of the lease but then what about the extra time they stayed with such short notice?  I had to rearrange all my contracting work plans. Not to mention I had to remove the property’s listing with my real estate agent because they were smoking in the unit during showings and also said they couldn't help but have their moving boxes stacked everywhere (making showings near impossible, the boxes could have been placed in the basement or garage)...so annoyed.  Anyway, I'd rather not pay a lawyer and hoping someone can share their experiences.  Ps. This is a PA property. Thanks for your input in advance!  Mandee

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