tenant wants to break lease after only a month! (rental property, condo, property)
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OP, I get where you are coming from. I also agree with your husband. You have a 2 year lease. She can break it, without breaking you at the same time. The law provides for that. It's fair and reasonable. I see no reason for you to have to change the lease and lose money - for her convenience. What's in it for you? This is a two way negotiation here. Compromise on BOTH sides is fair.
I don't think you should send her that letter, though. It will make your life miserable. What you need to do is schmooze her. Forget your ego, in order to get what you want. Call it manipulation, whatever, who cares.
You just need to think about yourselves here - but let the tenant think things are hunky dory, so your life will be pleasant until she moves.
Just tell her something like this:
Dear Tenant:
Hubby and I consulted someone about the law regarding breaking leases, and it turns out that Chicago law will allow you to break a lease whenever you need to, while at the same time protecting our rights as landlords.
So, when/if you find a house you want to move into, you will just need to give us the proper notice, and you will only be responsible for rent until we find someone to replace you.
We see this as a win-win for both of us. We hope you will see it that way, too.
Cheers,
LL
She may see between the lines, but it appears to be a friendly, happy solution. And it certainly is fair.
And if she gives you notice next month, she'll have to pay for rent until you find someone new. And adios, muchacha...don't let the screen door hitcha...
I don't think you're doing a bad job as a landlord. You just need to learn the fine art of schmoozing tenants, while remaining distant personally, and remember it's about business - while trying to have a decent neighbor/tenant until she's gone. It's a tapdance sometimes. This is my life as an onsite manager. You'll do better next time :-)
Last edited by NoMoreSnowForMe; 07-15-2013 at 11:50 PM..
You say you "don't have $500 to pay some fancy lawyer" - what are you going to do if something in your rental needs repair? $500 will go poof in a second for something very minor, imagine if there is a major issue.
All the other apartments in the area weren't doing security deposits and you want to stay competitive? 1st month's rent is free and you require 1 month's security deposit at move-in, you have your deposit and the tenant pays the same amount as she would renting elsewhere with no deposit, easy.
You said this person had a BK 3 years ago - do you really think they will abide by this lease if you **** them off and tell them they have to stay for 2 years? They clearly didn't care about honoring a mortgage for a property THEY OWNED why would they care about honoring your lease that is hobbled together? BTW, Winning in small claims and actually getting money are two completely different things - I did read somewhere that "she's an RN so getting future wages won't be a problem" You do realize just because you sue someone and win doesn't mean you can garnish their wages, right? You may have a lease, it may hold up in small claims, but you will never get paid, that is a FACT.
If you wrote me this letter, I already had a BK, I would give you no notice and just leave when I felt like it...and I'm betting that is exactly what she will do.
You are renting your current residence and renting out your condo. Here's a thought - sell your condo and continue renting or buying your own place. It solves both problems of 1) you being a landlord and 2) you being worried about money
You say you "don't have $500 to pay some fancy lawyer" - what are you going to do if something in your rental needs repair? $500 will go poof in a second for something very minor, imagine if there is a major issue.
All the other apartments in the area weren't doing security deposits and you want to stay competitive? 1st month's rent is free and you require 1 month's security deposit at move-in, you have your deposit and the tenant pays the same amount as she would renting elsewhere with no deposit, easy.
You said this person had a BK 3 years ago - do you really think they will abide by this lease if you **** them off and tell them they have to stay for 2 years? They clearly didn't care about honoring a mortgage for a property THEY OWNED why would they care about honoring your lease that is hobbled together? BTW, Winning in small claims and actually getting money are two completely different things - I did read somewhere that "she's an RN so getting future wages won't be a problem" You do realize just because you sue someone and win doesn't mean you can garnish their wages, right? You may have a lease, it may hold up in small claims, but you will never get paid, that is a FACT.
If you wrote me this letter, I already had a BK, I would give you no notice and just leave when I felt like it...and I'm betting that is exactly what she will do.
You are renting your current residence and renting out your condo. Here's a thought - sell your condo and continue renting or buying your own place. It solves both problems of 1) you being a landlord and 2) you being worried about money
She's already filed BK, so she can't do that again for 10 years. And it was a BK not a foreclosure, so where do you get the idea she didn't pay rent where she was?
If she wants to buy a house, then she's not going to screw her credit up again.
And where on earth did any of you get the idea her lease is "hobbled" together? Did you read her posts? She has a lease she ordered from her condo association.
There's nothing wrong with doing market research and deciding to follow suit and not charge a security deposit. I negotiate regarding security deposits often. And I haven't been to court in the 7 1/2 years I've been doing this. I had two students just move out who didn't know their exact move-out date, just that they'd be out by middle of the month, and I let them use their security deposit for the last month's rent until they moved out, and adjusted their refund. Worked out just fine for everyone.
Sheesh. Tenants come here all the time asking about breaking a lease, and they're told the landlord has to mitigate damages, and they'll probably have to pay rent until the place is rented. Hello, same deal here. The landlord has to "mitigate" damages, not absorb all damages caused by a tenant who wants to break a lease.
I think sometimes people on this forum are contrary just for the sake of contrariness. I suppose I'm guilty of it myself sometimes. I'm going to work on that :-)
Not every state allows wage garnishments in all situations. PA, for example, only allows them for unpaid rent, child support, and taxes. Also, its 8 years between chapter 7 BKs, not 10. Ten years is how long it can stay on a credit report. Even less under other circumstances, and a Chapter 13 can follow a Chapter 7 at any time if the debtors plan includes 100% repayment (ie, no discharge is granted).
The issue here isn't that the OP can't enforce her lease, it's that she has an opportunity to work with her tenant and is instead choosing to be arrogant and inflexible, probably to her own ultimate detriment. You gave the perfect example of working with your tenant amicably to find a solution. Thumbs up to you! That's the kind of solution most of us have been urging the OP to consider.
Oh, well, PA will ONLY allow garnishments for .....unpaid rent.... bummer for the landlords there who want to file garnishments for....unpaid rent.
The tenant wants to break a lease with no consequences. Why is it arrogant and inflexible for the OP to not be okay with that? I'm all for working with tenants, but not to the detriment of the owner.
And, if you are right about chapter 7 bankruptcies, she couldn't file again for 5 years. And if she agrees to 100% repayment in a chapter 13, that would include paying back the OP.
OP, I'm done here. It's just gotten ridiculous. Good luck to you.
Well, so what she gave 11 months notice, fact is she broke a two yr lease agreement.She is liable for the unpaid rent, facts are facts.Anything else?
No, she's not. This has already been explained to you previously. YOU (the Landlord) are responsible for mitigating her damages. Meaning: When she gives notice, even if it's in the middle of the lease term, you are obligated to make every attempt to find a new tenant. She is liable for the unpaid rent only until you find a new tenant. She is NOT liable for the rent for the entire two year lease.
Gosh, it's been ages since I've repped this many posts in a thread. So much good advice falling on the stubborn ears of the OP and her husband.
Last edited by Jkgourmet; 07-16-2013 at 10:42 AM..
Oh, well, PA will ONLY allow garnishments for .....unpaid rent.... bummer for the landlords there who want to file garnishments for....unpaid rent.
The tenant wants to break a lease with no consequences. Why is it arrogant and inflexible for the OP to not be okay with that? I'm all for working with tenants, but not to the detriment of the owner.
And, if you are right about chapter 7 bankruptcies, she couldn't file again for 5 years. And if she agrees to 100% repayment in a chapter 13, that would include paying back the OP.
OP, I'm done here. It's just gotten ridiculous. Good luck to you.
You're right, you can be contrarian just for the sake of it. I was only pointing out the technical inaccuracies of your post. Regardless of how they relate to the OP, you were still mistaken.
I then went on to point out that you handled a situation with the same sort of common sense that we've been arguing for, but you apparently have a problem with that too?
I could continue to discuss the other points you just made but I feel that would be pointless.
I said I wasnt going to post anymore, but I just had to. I am not as dumb as some of you highly intelligent, experienced, kind and wonderful Landlords are. (Are you really landlords, or a Tenants union in disguise?) .Duh, I know she is not liable for the whole 2 yrs, did you not read the post above?Duh, I know I am excluded from the ORLO and must abide by the IL statutes.However, according to one attorney that gave me a free consult, if I decide to make the ORLO part of my lease, then I can abide to those stipulations.Whether or not that lawyer is correct, who knows.Thanks for all the insults, name calling.How very mature and professional. Why dont you all (you know who you are) offer FREE rent and provide your tenants with FREE utilities, wifi, since you are just absolutely NICE Landlords? Get real.
You say you "don't have $500 to pay some fancy lawyer" - what are you going to do if something in your rental needs repair? $500 will go poof in a second for something very minor, imagine if there is a major issue.
All the other apartments in the area weren't doing security deposits and you want to stay competitive? 1st month's rent is free and you require 1 month's security deposit at move-in, you have your deposit and the tenant pays the same amount as she would renting elsewhere with no deposit, easy.
You said this person had a BK 3 years ago - do you really think they will abide by this lease if you **** them off and tell them they have to stay for 2 years? They clearly didn't care about honoring a mortgage for a property THEY OWNED why would they care about honoring your lease that is hobbled together? BTW, Winning in small claims and actually getting money are two completely different things - I did read somewhere that "she's an RN so getting future wages won't be a problem" You do realize just because you sue someone and win doesn't mean you can garnish their wages, right? You may have a lease, it may hold up in small claims, but you will never get paid, that is a FACT.
If you wrote me this letter, I already had a BK, I would give you no notice and just leave when I felt like it...and I'm betting that is exactly what she will do.
You are renting your current residence and renting out your condo. Here's a thought - sell your condo and continue renting or buying your own place. It solves both problems of 1) you being a landlord and 2) you being worried about money
Thanks for your concern (?), but despite my lack of intelligence, our condo is covered nearly 100% for all major appliances repairs and replacements.We have a warranty in place through a great company.
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