Specifically, I had a tenant move out with no notice at the end of July (the lease requires a 30-day notice). I was able to get the property re-rented on August 24. Is the former tenant legally liable to pay me ALL of the August rent even though I only lost 3 weeks of income?
2007-09-14 02:11:54 · 8 answers · asked by Jim 3 in Business & Finance ➔ Renting & Real Estate
Just so it doesn't sound like I'm being a "heartless landlord" I'll give you some background information. This guy and his wife encountered financial difficulties and had difficulty paying the rent. I worked with them for months - allowing them to be up to 3 weeks late with no late fees. When things got to the point where they were over a month behind (they owed $1100+ in past due rent) he thanked me for my leniency by skipping out and leaving the property a filthy mess ($1500 in cleaning/repair costs). I had to really scramble to get the place cleaned, repaired, and re-rented. I'm through being Mr. Nice Guy.
2007-09-14 02:16:50 · update #1
You can take them to small claims court, and I would be willing to bet they will not show, so you win by default. Then you put a judgement against them for amount owed plus cleaning. It make take years, but eventually it will come back and kick them in the azz. I had the same situation and 3 years later I get a call from the ex-tennant wanting to settle up because they were wanting to buy a house and they couldn't until they cleared up with me
2007-09-14 02:24:05 · answer #1 · answered by Anonymous · 2⤊ 0⤋
In most states, you as a landlord must submit proof (if you sue for damages) that you did try to rent the property during the time that the tenant was responsible for rent. Most states will allow you a maximum of 2 months rent.
So, it sounds like you have an arguable and justifyable cause to sue for broken lease damages (time plus 30 days notice).
2007-09-14 10:49:59 · answer #2 · answered by ? 5 · 0⤊ 0⤋
Your rights are whatever is spelled out in the lease as long as it conforms to state tenancy laws. At the very least you keep the deposit.
Sounds like you have some heart; you tried to work with them. Being broke and in financial straits is extremely stressful; they didn't repay your kindness by walking out on you, they left out of embarressment and desperation. I guess you could make it worse on them by taking them to small-claims court for whatever the lease says you can nick them for. Myself, I'd take the net loss of my income taxes and leave my karma be.
2007-09-14 09:26:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They're liable until you place a new tenant or whatever the required notice period is, whichever is less. In your case, they owe you for August up to the 24th.
2007-09-14 09:56:22 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 0⤋
yes, your tenant must pay you equivalent to one month rent. i suppose your place is not a hotel, to be a per day basis. but in other hand, you said they are financially unstable, just let them go. hello friend, being nice has its limitation. but do not worry, you will be rewarded for being so generous to those who are in need. good luck the next time.
2007-09-14 09:33:35 · answer #5 · answered by pinky 1 · 0⤊ 0⤋
Isn't it nice working with people, that always seems to happen to us too. From my experience you cannot double charge that apartment unless you refund the money you received from your skippers, which, you wouldn't want to do. You cannot charge rent on that apartment until sept. At least that's the law in IL
2007-09-14 12:45:46 · answer #6 · answered by Anonymous 2 · 0⤊ 0⤋
The liabilityof the owner depend upon the penaltyclause. If clause provide the payment of one month rent then you need not show actual loss. it is immaterial that you suffer 3weeks loss.
2007-09-14 09:24:49 · answer #7 · answered by xpert 1 · 0⤊ 1⤋
Check out Mrlandlord.com site. Lots of expert advise there and no charge to join their forums.
2007-09-14 11:30:15 · answer #8 · answered by Midwest guy 4 · 0⤊ 0⤋