My mid-term renter has not showed up. Do I cancel the lease?

Medium-Term Rentals
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My mid-term renter has not showed up. Do I cancel the lease?

Heidi Kenefick
Rental Property Investor · Hartford, CT · Member since 2017 · 168 posts · 163 votes

Hi-

I have a house that I rent out by the room, and usually a couple of those rooms stay full with travel nurses. I have a RN who paid the application fee, and paid the cleaning fee and security deposit and prorated rent for April (one day, move in was the 30th), but then did not show up. She has not paid May rent, as it was not due until May 1. The other tenants say they have not seen her. I have called, texted, messaged on FF, and emailed her, all without a response.  She did sign a 3 month lease (I require this of everyone). Am I obligated to keep the room for her for 3 months in case she comes? Should I assume she is not coming and re-list the room? Never had a tenant no show, especially after paying some of the fees in advance. Any advice on how to proceed? One of the tenants in a small room would like to move to the room she had rented as it is much larger.... 

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Matthew Kwan
Lender · Seattle, WA · Member since 2022 · 482 posts · 768 votes
3y

In theory they signed the lease for 3 months and paid for the 1st month they are entitled to occupy the unit. However once they stop paying next month rent and being unresponsive the landlord should have the right to claim ownership of the unit.Make sure you have hard evidence to proof that the tenant has not been present and that you have been reaching out to them just in case a legal suit might occur @Carlos Valencia @Albert Bui

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    Contact her and give her written notice that the May 1 rent is now late.  Give her formal notice.  If she doesn't respond, tell her you are breaking her lease.

    1Reply
  • Allen DuanPro Member
    Property Manager · Los Angeles, CA · Member since 2022 · 590 posts · 463 votes
    3y

    I agree with Theresa. If they have not paid May rent, there's no reason for you to hold the room for her. When you do eventually get in touch with her, you should refund the cleaning fee and all or most of the deposit. You can make an argument to keep some of the deposit since you had to block your calendar and lose some nights you could have rented out.

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  • Heidi Kenefick
    OP
    Rental Property Investor · Hartford, CT · Member since 2017 · 168 posts · 163 votes
    3y

    Yes I told her in the email that may rent is late and if she is coming she needs to pay it prior to arrival. If I don’t get a response by Monday I’m going to allow the other tenant to move into the larger room and send another email that I’m canceling her lease. 

    i just hope she is okay, this is so strange.

    2Reply
  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    3y
    Quote from @Heidi Kenefick:

    Hi-

    I have a house that I rent out by the room, and usually a couple of those rooms stay full with travel nurses. I have a RN who paid the application fee, and paid the cleaning fee and security deposit and prorated rent for April (one day, move in was the 30th), but then did not show up. She has not paid May rent, as it was not due until May 1. The other tenants say they have not seen her. I have called, texted, messaged on FF, and emailed her, all without a response.  She did sign a 3 month lease (I require this of everyone). Am I obligated to keep the room for her for 3 months in case she comes? Should I assume she is not coming and re-list the room? Never had a tenant no show, especially after paying some of the fees in advance. Any advice on how to proceed? One of the tenants in a small room would like to move to the room she had rented as it is much larger.... 

    Since you have a signed lease you need to abide by the terms of the lease as to non payment of rent.  You also need to follow local govt regs concerning evictions. It MAY be possible that because first months rent was not paid you do not have a valid contract, though that will be decided by the specific terms of the lease and specific govt laws
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  • Heidi Kenefick
    OP
    Rental Property Investor · Hartford, CT · Member since 2017 · 168 posts · 163 votes
    3y

    My lease states that if the tenant breaks the lease early- they need to pay the rent owed until I am able to secure a new tenant for the space. So technically, she would owe me $850 for the room for May- assuming I can get someone in there this month. I’m never going to see that money. I have no way of enforcing it without going to court which would cost more money. I think going forward I am going to add a clause that if the tenant does not show up the lease will be considered null and void with in 7 days, and any paid fees will be forfeited. Technically I don’t need to evict her since she isn’t there. 

    Is there a legal notice I need to send her or is just an email stating since I have not heard from her and she has not paid rent or moved in the lease is being canceled? 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y
    Quote from @Heidi Kenefick:

    My lease states that if the tenant breaks the lease early- they need to pay the rent owed until I am able to secure a new tenant for the space. So technically, she would owe me $850 for the room for May- assuming I can get someone in there this month. I’m never going to see that money. I have no way of enforcing it without going to court which would cost more money. I think going forward I am going to add a clause that if the tenant does not show up the lease will be considered null and void with in 7 days, and any paid fees will be forfeited. Technically I don’t need to evict her since she isn’t there. 

    Is there a legal notice I need to send her or is just an email stating since I have not heard from her and she has not paid rent or moved in the lease is being canceled? 


     If you have another tenant willing to move into her room, you shouldn't be out that much rent for that room...you will have a vacancy in the less expensive room.  You could keep the deposit and apply that to her rent.

    For future leases, I would state that the deposit is non-refundable until they move in in which case it becomes their damage deposit.

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  • Heidi Kenefick
    OP
    Rental Property Investor · Hartford, CT · Member since 2017 · 168 posts · 163 votes
    3y

    Thanks Theresa that is EXCELLENT advice and I will do that. It’s not a large deposit, only $100 for travel nurses. My longer term tenants I charge $1000. I might increase it going forward in case this happens again. 

    1Reply
  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    If the tenant has not paid for the room, find a new tenant. 

    0Reply
  • Matthew Kwan
    Lender · Seattle, WA · Member since 2022 · 482 posts · 768 votes
    3y

    In theory they signed the lease for 3 months and paid for the 1st month they are entitled to occupy the unit. However once they stop paying next month rent and being unresponsive the landlord should have the right to claim ownership of the unit.Make sure you have hard evidence to proof that the tenant has not been present and that you have been reaching out to them just in case a legal suit might occur @Carlos Valencia @Albert Bui

    3Reply
  • Heidi Kenefick
    OP
    Rental Property Investor · Hartford, CT · Member since 2017 · 168 posts · 163 votes
    3y

    Thanks Matthew- there are four other tenants in the house and they haven’t seen her. I feel like a phone call, text, email, and message on FF is pretty sufficient. I’m wondering if something happened to her- because I mean, it seems strange that someone that was very responsive and paid the deposit weeks in advance would ghost me. Doesn’t make sense.

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  • Erin Spradlin
    Real Estate Consultant · Colorado Springs, CO · Member since 2017 · 354 posts · 386 votes
    3y

    I do a lot of consulting in the medium-term rental space and I've not heard of this. I would cancel the lease and if you've collected a deposit on it, I would hold it unless they ask for it back. 

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  • Heidi Kenefick
    OP
    Rental Property Investor · Hartford, CT · Member since 2017 · 168 posts · 163 votes
    3y

    Update- she replied to my email and said she was sorry for taking so long to get back to me but that her contract was canceled and she understands that I may need to keep the deposit for the inconvenience. 

    Very glad she is okay, kind of bizarre it took her 10 days to tell me. Either way, very glad that is settled and I will change wording in my leases going forward. 

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  • Nicole Heasley Beitenman
    Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
    3y
    Quote from @Heidi Kenefick:

    Update- she replied to my email and said she was sorry for taking so long to get back to me but that her contract was canceled and she understands that I may need to keep the deposit for the inconvenience. 

    Very glad she is okay, kind of bizarre it took her 10 days to tell me. Either way, very glad that is settled and I will change wording in my leases going forward. 


     I'd change your deposit policies as well. Increase it for sure.

    1Reply
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