As a landlord what can i do here?

Question

I rented out a house i own to 3 people a couple and their friend. now the friend wants to back out of their year long lease(it has only been 3 months) this third person as always paid thier rent late. she is stating a list of things that are lies. ie, the house was unsanitary when she moved, my possesions were still in the house when she moved in( meaning the dinner table and patio furniture, which i asked them if they wanted and they said they did) and that the pool maintenance was not be provided(which it is) what should i do in this position. should i sue her? i live in orlando, fl if there is anyone out there who knows flordia's legal system. THANX!!! enjoy the 10 points, whoever gives me some much needed good advice!

Answer 1

You say "their year long lease", so I'm assuming all 3 people signed a lease, including the one who wants out. Unless you agree to remove that individual who wants to leave from the lease, all three of the tenants are responsible for fulfilling the lease whether that one individual leaves or not. Unless the lease specifically states that each individual will be responsible for only a third of the obligations of the lease (which I doubt), all three tenants are on the hook, legally.

Make sure the other two tenants understand that you expect payment in full and on time every month, regardless of whether one of the three has left. Their recourse, if they must cover that 3rd individuals portion of the rent, is to sue that person for any shortfall.

Perhaps a suggestion that the two remaining people look for another roommate is in order, especially if it is clear that they would have difficulty covering the rent on their own.

In any event, the lease is on all three of them...whether they are living there or not...til the expiration of the lease.

Good Luck!

Answer 2

I don't know florida laws as I lived there prior to getting into Real Estate. I'm in VA now and renting a house. I got one guy who I'm evicting now. It's a pain when you got someone like that. Technically the person has nothing to say espeically if she's been late with the rent. But when it comes to eviction, you need to recheck your lease that she signed and go by what is written.
If it's too late, remember for future reference to include everything in the lease.
Is she the only one complaining about the unsanitary conditions? What does the other 2 say? If they are not, then they can back you up in court.
Do your 5 day pay or quit notice. Then start the eviction process. Go to a property management company and find out how is done or go to the county court and get the info needed to start the eviction process.

When it comes to landlording, I have learned that your best defense is the lease that you signed. So for future reference make sure the lease hits every point.

If you do not want to go through all this, sometimes it might be best to let her go her way. But keep her info and lease just in case she decides to sue you later on. This is a last resort though.

I have made mistakes in the past as well and am definately more strict and require better background checks.

Good luck

Answer 3

The 3rd person has obviously breached your lease agreement, provided you had a written lease agreement. You did have a written lease agreement, right? If you had a standard lease agreement, it should state that all parties are responsible for the rent and that in the event that one leaves a new roommate can be found to cover the vacancy. Ultimately, its the responsibility of the tenants still living there to come up with the total rent due. This is a total civil matter and if all rent is not paid, regardless of whether or not there is a 3rd person there, the remaining people still have to pay the total amount agreed upon per the lease agreement.

It is the responsibility of the remaining persons to pursue getting the money from the ex-roommate (they may have to go to small claims court for this), and if they can't pay, they need to find someone else or move out and pay all move out costs and fees. The only time you should have anything to do with pursuing the person who left is if their name is still on the lease and you have to evict all of them, otherwise, for now, its the responsibility of the ones still living there to come up with all the money, provided you had a proper, written lease agreement.

Answer 4

It will all depend on how the lease is drawn up. If the lease puts the burden on the three renters to provide the rent, then it's up to the couple to figure this out. If the lease is with each individual, then it's just between you and this third person.

As for the third person, you must have done some clean up work prior to renting it out (probably to show it to potential renters). Did you have a professional service do this? Do you have photos of the place to put up on web sites or for realtors? Folks walking through and photos will be the evidence you can use to demonstrate the condition of the property prior to renting it (and will refute the third person's argument).

Pool maintenance should be a part of the lease. If it's not there, there's no obligation. If it's in there, and you have a professional perform this -- then its easy. If you are providing this service, you should document the visits to help refute the argument.

In all cases, ask the third person for evidence the agreed to conditions / services are NOT being provided (put the burden on her). The third person has a legal obligation to pay the rent and it's up to her to prove you aren't holding up your side of the deal.

Answer 5

What I would do is this, REMOVE HER from the lease, there is a form for this, or just type one up. But you have to have ALL parties sign, that way nothing is done behind anyone's back and all parties agree, and she has to move out, and the other's can stay and pay rent.
I would also have a little something in writing about the furniture in the house, or some sort of discription stating the condition of the house upon move in!
Just be sure everything gets in writing!

Answer 6

You can sue the one backing out of the agreement. It is her responsibility to find a replacement for the couple as well. She can't complain after the fact about--(the house was unsanitary when she moved, my possesions were still in the house when she moved in( meaning the dinner table and patio furniture, which i asked them if they wanted and they said they did) and that the pool maintenance was not be provided(which it is) what should i do in this position. should i sue her?) because she accepted these things by signing the agreement.

Answer 7

If you have a lease agreement with HER signature on it, and YOUR signature on it...She has a copy..you have a copy...promising that for 12 months she will pay $x per month for living in the dwelling at x-location. You can definitely take her to court. Regardless of what State you are in. A legal deal is a deal anywhere in the USA

She can move to the moon if she wants, but she has to pay you what she promised (by signature) on the lease agreement.

The other 2 people aren't moving out. Right? So, it would be reasonable for a judge to assume that she's lying about the conditions she's claiming. Why would the other 2 people live in an unsanitary place with your stuff in it and a dirty pool?

Sounds like "judgement for the plaintiff" i.e. You win

Answer 8

I lived in FL 30 years. I also rented out my condo there many times. I am fortunate that I did not have any real bad issues however. I have heard of several stories like yours though and as a Landlord, it is frustrating.

Do you have the written lease with her signature? Is there a clear statement that it is a 1 year lease? Are there any clear written penalties for breaking the lease and did she initial or sign off on it? Do you also have her written acknowledgement of the furniture you left in the house? id she sign off on anythin acknowledging her acceptance of the state of the house when she moved in also?

It sounds as though she is trying to find whatever she can to substantiate her wanting to break the lease. Did you keep a last payment and security deposit? I believe you are entitled to keep that if she breaks the lease. Otherwise, it may be hard to collect anything from her.

There are free legal services you can contact in FL. You may check the Florida Bar Association. Look in the Fl Yellow pages for free legal service. They even have pre-recorded info you can call to listen to. You may just need to contact an attorney anyway just to have that at your side.

I think you are in Orange County? Not sure. Look at your County Bar Association as well.

If you are in the right, stand your ground. It may take months to get this resolved.

Good luck!

Answer 9

there are 4 people on the contract..if the other 2 are releasing then no problem..
the person that wants out will make life a misery for the other 3 on contract..
you just add a clause and all 4 sign (the landlord is #4) if you release without the other 2 consent then you could be bound for the lesser rent..(possibly)..
call a meeting of all parties.. if the other 2 will not release her..then have them sign this at the meeting then the complaints are there problem..and you have a document that you tried to resolve the issue..
also at this meeting you may discuss .. late rent..and adding a late pentalty.. and get everyone to sign this.. say $50
remember angry tenants can do lots of damage..to what was once a beautiful home.. (i saw one so angry they took a jar on corn syrup and poured it all over the floor then sprinkled the box of rice krispies onto........)

Answer 10

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The 'Lease Agreement' contains any and all the service that were to be provided. You should have receipts or billings for all services that you have had done. Gather all of them.

When she moved in, I hope you collected a deposit. If so, then it stands to reason that nobody would give you a deposit for an 'unsanitary' home. If she paid the deposit, then she agreed that she was taking responsibility for her end of the contract and accepting your stipulations to rent the property.

If she cannot find a suitable replacement tenant for herself, and her name is on the lease, then I would sue after she has been given a letter showing your demands, a letter showing your intent to take legal action, and legal advice and possible representation has been established.

Ask an attorney about eviction of all lease tenants to wash your hands of these problems now before it gets worse. By one of them breaking a lease, it may have been broken for all parties concerned.

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