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Kimberly Gibbs-egan
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Tenant Breaking Lease

Posted

Hi all- I have a quick question which I'm pretty sure we know the answer to, but just want to be sure we're not missing something. 
We have a tenant in Bremerton, Wa who got a dog- dogs are permitted with prior authorization and a deposit. They didn't get a prior auth and our property manager told them they needed to, but not to do it again. They did it again. This time our PM told them to comply or vacate and they said they were leaving.  Our PM said that because we told them to leave, they are not responsible for paying the rent until a new tenant is found, which is what it says in the lease. We argued with them that they are leaving because they are not in compliance and provided the RCW- have not yet heard back. This is a reputable Property manager (Windermere) and we have been passed around to multiple PMs over the past couple of years as they don't seem to stay long- saying this because I don't think they have much experience. 

So should they be paying until a new tenant is found?

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Drew Sygit
  • Property Manager
  • Royal Oak, MI
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Drew Sygit
  • Property Manager
  • Royal Oak, MI
Replied

What does the PM lease state about an unapproved pet?

Ours states that we can require a pet deposit AND charge them a Pet Fee back to the Start Date of their lease!
Ours also states that if a tenant violation of the lease leads to termination, they are STILL responsible for the rent for remainder of the lease.
- WARNING: This will depend on state law and our attorney warned us it will depend on which judge we get if it ever went to court. Most state laws also do NOT allow a landlord to collect rent from two parties of the same time. So, once an acceptable replacement tenant is found, the previous tenant would no longer be responsible for the rent covering the remaining term of the lease.

Also curious about what these tenants, "did again"?

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