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I'm confused. In a thread here it was stated that if a tenant exercises the right to quit, they are not responsible for the rest of the lease's terms.
So if a tenant quits/moves out, he or she will only be responsible for what was owed up to the quit notice's date and not subject to any penalties of breaking the lease? And it won't show up as a judgement or eviction?
And no I'm not a tenant, just learning as much as possible in case I ever rent out houses.
I'm confused. In a thread here it was stated that if a tenant exercises the right to quit, they are not responsible for the rest of the lease's terms.
So if a tenant quits/moves out, he or she will only be responsible for what was owed up to the quit notice's date and not subject to any penalties of breaking the lease? And it won't show up as a judgement or eviction?
And no I'm not a tenant, just learning as much as possible in case I ever rent out houses.
It's not really confusing. When you give a notice to cure or quit you're demanding one or the other. If the tenant quits, he has to leave immediately by the end date of that quit notice or the LL will immediately file for eviction and that filing stays on the record for any future landlord to see.
You obviously cannot continue to collect rent from a tenant who has vacated the premises and turned over the keys in accordance with the demand to do so.
It's not really confusing. When you give a notice to cure or quit you're demanding one or the other. If the tenant quits, he has to leave immediately by the end date of that quit notice or the LL will immediately file for eviction and that filing stays on the record for any future landlord to see.
You obviously cannot continue to collect rent from a tenant who has vacated the premises and turned over the keys in accordance with the demand to do so.
I wasn't clear. I was asking specifically about if they are responsible for any fees!/penalties from the rest of the lease terms. I always read how they have to pay till the place is re-rented or pay a lease breakage fee etc if they terminate the lease.
But going by what you posted, if a tenant wants out of their lease but not be subject to breaking the lease fees/penalties, all they have to do is trigger a pay/remedy or quit notice. Move out within the 3 days and pay the back rent owed up to the quot notice? Then no eviction, judgement, penalties etc?
So if a tenant (accepts the LL's offer and then) quits/moves out...
Do you ever play poker? Have you ever bluffed?
This is essentially what a "cure or quit" notice comes down to. A bluff.
The LL is gambling that the tenant CAN'T get packed up and out in such short order.
MOST of the time the bluff works and the tenant will fold.
Even if the tenant would rather keep the dog or whatever the issue is about...
they'll pull up their big girl panties and accept the adult reality and cure their breach.
Quote:
And it won't show up as a judgement or eviction?
As the sequence of common events hasn't progressed this far...
neither of these things would have happened or be the case. So NO
Quote:
he or she will only be responsible for what was owed up to the quit notice's date
and not subject to any penalties of breaking the lease?
As said before these more specific points and the utility vs futility of exploring them
are another level of questioning that require LOCAL answers.
---
Some areas have laws/practices that are VERY tenant friendly; some a VERY landlord friendly.
In nearly all though the underlying assumption and common law history is that the LL is engaged
in a continuing enterprise with the prime intent of having rent paying tenants and wishes to do so
without undue problems ... but these don't establish any sort of expectation that this will actually
happen or at least not without some occasional hiccup or stumbling block.
iow... "$hit happens" and the LL needs to be able to deal with it and be willing to keep their eye
on the larger picture which comes down to recovery of the premises and the opportunity to try
again which is the practical limit of what the Courts (and law) can be expected to assist with.
Last edited by MrRational; 12-19-2014 at 08:01 AM..
I wasn't clear. I was asking specifically about if they are responsible for any fees!/penalties from the rest of the lease terms. I always read how they have to pay till the place is re-rented or pay a lease breakage fee etc if they terminate the lease.
But going by what you posted, if a tenant wants out of their lease but not be subject to breaking the lease fees/penalties, all they have to do is trigger a pay/remedy or quit notice. Move out within the 3 days and pay the back rent owed up to the quot notice? Then no eviction, judgement, penalties etc?
It'll depend on the locality and lease document at this point.
As noted, if the tenant cannot or does not leave by the 3rd, 5th or 7th day or whatever of the cure or quit, the (sensible and savvy) LL immediately files for eviction. Whether or not the process continues and the eviction is actually heard, the filing remains on the record and makes it very difficult for them to find a rental for several years to come.
You only have to read many threads on this forum to understand that this is a very real burden for many. The upside for the LL is that he is rid of a tenant who has not complied with the lease terms and can then go ahead and re-rent the place to hopefully a better tenant. The tenant is still bound to pay for any damages to the unit over and above reasonable wear and tear, just as is any departing tenant.
As noted, if the tenant cannot or does not leave by the 3rd, 5th or 7th day or whatever of the cure or quit, the (sensible and savvy) LL immediately files for eviction. Whether or not the process continues and the eviction is actually heard, the filing remains on the record and makes it very difficult for them to find a rental for several years to come.
You only have to read many threads on this forum to understand that this is a very real burden for many. The upside for the LL is that he is rid of a tenant who has not complied with the lease terms and can then go ahead and re-rent the place to hopefully a better tenant. The tenant is still bound to pay for any damages to the unit over and above reasonable wear and tear, just as is any departing tenant.
Yep, I can see the repercussions of having an eviction. I was talking only of the tenant exercising the quit option. Interesting loophole to get out of paying breaking the lease penalties and have nothing on their record. (In some states, was reading up on them)
I'm confused. In a thread here it was stated that if a tenant exercises the right to quit, they are not responsible for the rest of the lease's terms.
Not true. Someone may have just said that without thinking it through. Most state laws all owes for a landlord to recoup damages as a result of the breach of the lease. A Pay or Quit is just a singular notice to resolve a specific issue or leave if you refuse to cure the violation, but it does not terminate the provisions of the lease.
Not true. Someone may have just said that without thinking it through. Most state laws all owes for a landlord to recoup damages as a result of the breach of the lease. A Pay or Quit is just a singular notice to resolve a specific issue or leave if you refuse to cure the violation, but it does not terminate the provisions of the lease.
Are you saying that if the tenant quits he's still responsible for paying rent until either the landlord finds a new tenant or he pays an early termination fee (if applicable)?
Are you saying that if the tenant quits he's still responsible for paying rent until either the landlord finds a new tenant or he pays an early termination fee (if applicable)?
This is lease and state law specific because most state laws on this issue is written to address a violation, not generics. So lets say its a pet violation, you are notifying the tenant that they have two options to resolve the no pet lease violation; 1. get rid of the pet, or 2. get out. The laws usually don't state that if you quit you are not liable to the landlord for damages (since damages is a completely separate item under the law). A Cure or Quit address a lease violation, not the lease in its entirety. Of course, local judicial variations of how this is viewed may come into play, and there are some states who's laws tend to side with a no penalty lease termination. However, a big part in how it plays out depends on what was written in the lease and how the landlord played the cards with the notice.
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