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All Forum Posts by: Anne W.

Anne W. has started 5 posts and replied 44 times.

Originally posted by @Theresa Harris:

He can break the lease whenever, the key is what are the consequences of him doing so as outlined in the lease?  If there was no clause (which it sounds like), use that as a learning experience for next time.  Don't worry about what hasn't happened.  If they do move, you should be able to rent it easily and for a bit more as there is now a washer and dryer.

Hopefully you got a pet deposit or are charging a monthly pet rent.

With people looking for rentals, never trust what they say.  They will lie or stretch the truth to get what they want.

No matter how long you do this, you always learn new things.  Remember every tenant is different and don't let a bad one spoil your opinion of the next one.  Trust, but verify and learn to close off loop holes and stand your ground.

Thank you Theresa! My misconceptions are that 1) the lease is a lawful binding document. People don't normally break it. If you are buying, you ask for a month-to-month or one-year lease. 2) Be professional but also be a little flexible with a potential long-term tenant. 3) Zillow has a good lease template that is customized for your local laws. Apparently, I am wrong and I will definitely learn from this. 

Originally posted by @Joe Splitrock:

I have had a couple lease breaks from tenants who wanted to stay "years" and then stayed months. I have also had people insist on going month to month so they could find a new place, only to still be here five years later. Some advice:

1. Never put much faith in what people tell you as far as plans to stay. Sometimes people even exaggerate the time they plan to stay as a way to get accepted. I am honestly more suspicious when people say they want to stay long term.

2. Never write a lease beyond one year. You want flexibility to not renew, sell or raise rent within the next year. Maybe they seem great, but the best con men feel like your best friend. Never lock yourself in.

3. If you have a no pets policy you should have said no to the cat. Don't even think about it or consider their request. Sorry our policy is no pets. If you allow pets, charge a pet deposit and fee. If the cat they are getting is a kitten or from a shelter, expect spraying or pee on the floors. 

4. Have a lease break policy, either in your lease or ready to share with tenants when they ask to break a lease. This happens and there is no point in fighting it, just work with them to get compensated for the trouble.

I would send him a letter explaining your position on lease break. Tell him you were very caught off guard when he said he was looking for a house to buy after he just signed a two year contract with you. Explain that the contract is legally binding and you expect him to fulfill his contractual agreement. That means he shouldn't be house shopping for at least 22 months. Explain that you had multiple applicants and his interest in staying long term was a deciding factor in selecting his application. You could even consider offering to modify the agreement into a month-to-month agreement. You increase the monthly rate $100 (or whatever) and tell him you will redraft a contract at the new rate. In other words, either he pays his 2 year rate and stays or you write up a new agreement at a higher rate and he can leave when he wants.

Some leases have no verbiage around lease break and others spell out contract cancellation fees. Legally you have no way to force him to stay the full two years. If he moves, you are required to make best effort to release the property. You can collect rent while it sits vacant and releasing fees. 

I would write up a lease-break policy and be prepared to share it with him. There are two approaches I recommend:

1. Firm break. Tenant moves out on X date and they pay a set lease break fee. Usually that is 1-2 months worth of rent and 1 months rent as a releasing fee. Total cost is 2-3 months rent in that case and you keep the money whether you rent it out in one day or it takes you six months.

2. Tenant is responsible for rents while vacant plus a leasing fee equal to one months rent. In this case the tenant is responsible for paying rent up until the day someone new moves in plus they pay one months rent as a leasing fee. The leasing fee covers your time or the cost to hire someone for leasing.

Joe, thank you very much for the response! So much to learn. 

Thank you all for helping me understand the situation and share your thoughts.  I used Zillow lease template, there's no early termination clause, only a section for Default. Can I still amend the lease at this point? If so, when should I do it, now? or wait until the formal notice?

It's a SFH renting for $3K. I just bought new washer/dryer to accommodate the tenant's request. I understand everyone has the right to pursue their dreams of owning a home, but I can't help feeling being fooled. Judging by their saving, they can afford to buy. I did question why they rent. I was told that he's not a fan of home ownership. He owns a condo in state A, but has been renting for the past 5 years in state B. There were other applicants who were honest up front saying they were looking to buy, can only commit 1 year and might term early. My tenant swore for a multi-year lease and complained about only being offered a two-year.

Real Estate investing is so different, you deal with people, not numbers. I am learning and thanks again for all the great advices. This is a great forum!

New landlord here in Colorado, rented out the previous residence. Today I delivered the keys to the tenants who relocated from another state. He told me that he really liked the neighborhood and he would look for houses to buy. He also told me to let him know if I knew someone selling or I wanted to sell this house. I am confused and a little mad. Please share your thought and provide some education for this newbie here. 

When I listed this house for rent, I received overwhelmed amount of interests. My tenant was the first one to respond to the listing. He called and emailed me every day. He is relocating from another state, so he sent his realtor here to see the house and then the tenant flew here to see the house again. He provided me a touching letter introducing himself and his family (two beautiful kids). He was very disappointed after I let him know that I could only give him a two-year lease because he wanted a multi-year lease, preferably a 4-year. He has a 800+ credit score and healthy saving. I explicitly listed in ad that "no pet" and "no washer/dryer". After we are about to sign the lease, he told me his son really wanted to have a cat. Also wanted "clarification" about he W/D. I accommodated both requests given he would potentially be a long-term tenant. 

My interpretation of today's conversation is that he is implicitly letting me know he will not honour full term of the lease (two-year). Can he do that?? I used Zillow lease and I can't find any language regarding landlord's rights if tenants breaking lease early. Honestly I would be fine if this is year 2, but seriously he told me this on day 1?