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I got an email today from our renters.. They are on a 6 months lease - July 1 - December 31. Never rented out on a 6 month lease before so this is new.
Received the email on the 3rd of August - email did not state they were going to move just IF they broke the lease what would they be liable for as far as monetary and would there be a penalty?
Her reason for wanting to possibly leave early is the weather in the area it to hot for her and hard for her to sleep at night wants to relocate to somewhere cooler on the island and she says she has to sleep in front of the fan at night. (Temps in Hawaii in evening are about 66-69 degrees all year round)
Our rental is in Hawaii temps are the same all over the island within about 5 degree's up or down and same with humidity levels. This is their first year on the island so they probably did not expect for Hawaii to be humid or something.
We do have an air conditioner in the house - it's 2 story home split level and the air-conditioner is in lower level which keeps lower level cool and has a bedroom, bath, dining area and sitting area (Living room).
She must be staying in one of the upper level bedrooms or not even using the air-conditioner.
So what are my rights as a landlord? Obviously its not my fault that she is choosing to not use the air-conditioner - most homes in Hawaii do not even have an air-conditioner as its not really needed on our side of the island we just happen to be one of the few homes that do offer air. Its a couple living there (not married but seniors and a couple) they both signed the lease individually.
This is what I am thinking... since she wrote the email to me on the 3rd of August hypothetically stating what would she be liable for if moved out early. To me that that is not an official 30 day notice. So they would be liable for this months rent August since its after the 1st.
What I am thinking is one of the two below:
Tell them they can break the lease after they give a 30 day notice (since its already Sept 3 and this months rent is already past due) Have them give an official 30 day notice would begin October 1st and they can move out by end of October (October rent still would be due) and I keep their security deposit as a penalty and be done with it..
OR they can break the lease after i receive a proper 30 day notice at the end of this month to move out Oct 31st. (which would be 2 months early) They would be liable for August rent (this months) and also next months rent. I would then list the property and try and re-rent for November and if I did find someone to rent starting November or sometime in November I would return their security deposit less any damages (if any) and less any amount difference in the rent should I find new tenants.
Their excuse for leaving is bogus in my opinion. As we do have an air conditioner they they are not using so they can save electricity cost as what I think. They are the type of people that want to conserve energy by not using fossils fuels etc (not that there is anything wrong with that) just stating the type of people they are.
There is nothing wrong with the house and everything is functioning fine as it should. We are off island until end of October but we do have an on-island contact should we need to show the place prior to us returning.
I think bottom line is since they have not given an official 30 day notice as of yet and its already after the 1st of September then they would be liable for rent until October 31 no matter how you looked at it or am I wrong?
I got an email today from our renters.. They are on a 6 months lease - July 1 - December 31.
Never rented out on a 6 month lease before so this is new.
Received the email on the 3rd of August - email did not state they were going to move
just IF they broke the lease what would they be liable for ...
Any advice from experienced LandLords?
They've paid for September?
Tell them "If you're unhappy then pack up and leave now; by the end of the month"
They're already planning to go... pull the band-aid.
In the future... pick your tenants better or sell.
1--you can't keep a deposit as a 'penalty' or 'punishment'. You can only keep it for unpaid rent and/or damages.
2--you can't charge a tenant rent....and then re-rent the apartment. If your tenant pays through Oct. 31, then you can't re-rent it until Nov. 1. If she moves out before Oct. 31 and you find someone who wants to move in early, then you have to return the prorated portion of the tenant's rent.
She's not claiming any defect with the apartment, so there's no point hashing whether her reasons are bogus or not. Keep emotion out of this. This is a business matter and nothing more.
If it were me, I'd tell her that she can move out early IF she finds another tenant to take over. She would be responsible for listing and showing the apartment, and the new tenant must meet all of the same criteria that she did--they must complete an application, pay for a background check, meet the same income and credit requirements, pay a deposit, and abide by all the same rules (smoking, pets, noise, parking etc.). In other words, I wouldn't try to push her to stay if she's unhappy---that will only need to unnecessary complaints and repair requests from her. But I wouldn't hold the door open for her either, or eat the cost of finding a new tenant so soon.
Last edited by MarianRavenwood; 09-04-2017 at 06:24 PM..
It doesn't matter what their reason is, a lease break is a lease break so why worry yourself about why they are leaving? Yes, there are a few reasons tenants can break a lease without strict penalties, such as military transfers, etc, but I would not worry about any of those possible reasons being the case with your tenants based on what you stated.
Do you have a written lease? If so, it should have a lease break clause spelled out in it and you need to abide by that. If you don't then it defaults to your state rental laws. If you have a duty to mitigate in your state then they give the appropriate 30/60 day notice (based on your state laws) to vacate and then tell them that they will owe the remainder of the rent on the lease unless a qualified tenant can be found before the end of their lease. In which case they will stop paying the monthly rent once a new tenant's rent payments take over. But you can't just sit on it and not look for a tenant.
If there is no law to mitigate in HI then it is wise to have a lease break clause with penalty in your lease so they can chose to buy out the remainder of the lease with the penalty or chose to pay the remainder of their lease term. One or the other.
What does your lease say about breaking the lease? Just follow what it says, nothing else.
- she has NOT provided a notification of move out. In order for it to be an official notice of move-out, it must contain the actual date of move out. Period.
- her reasons for moving out, unless protected by law, are irrelevant. Weather preferences are not protected.
What does your lease say about breaking the lease? Just follow what it says, nothing else.
- she has NOT provided a notification of move out. In order for it to be an official notice of move-out, it must contain the actual date of move out. Period.
- her reasons for moving out, unless protected by law, are irrelevant. Weather preferences are not protected.
^^^^This. The lease should have Default clauses, and "Remedies for Default". This is what the tenant is doing, defaulting on the lease obligation. Did you use you a standard lease that takes into consideration your state's landlord/tenant laws?
I got an email today from our renters.. They are on a 6 months lease - July 1 - December 31. Never rented out on a 6 month lease before so this is new.
Received the email on the 3rd of August - email did not state they were going to move just IF they broke the lease what would they be liable for as far as monetary and would there be a penalty?
Her reason for wanting to possibly leave early is the weather in the area it to hot for her and hard for her to sleep at night wants to relocate to somewhere cooler on the island and she says she has to sleep in front of the fan at night. (Temps in Hawaii in evening are about 66-69 degrees all year round)
Our rental is in Hawaii temps are the same all over the island within about 5 degree's up or down and same with humidity levels. This is their first year on the island so they probably did not expect for Hawaii to be humid or something.
We do have an air conditioner in the house - it's 2 story home split level and the air-conditioner is in lower level which keeps lower level cool and has a bedroom, bath, dining area and sitting area (Living room).
She must be staying in one of the upper level bedrooms or not even using the air-conditioner.
So what are my rights as a landlord? Obviously its not my fault that she is choosing to not use the air-conditioner - most homes in Hawaii do not even have an air-conditioner as its not really needed on our side of the island we just happen to be one of the few homes that do offer air. Its a couple living there (not married but seniors and a couple) they both signed the lease individually.
Individually? You mean that you have separate leases with each tenant?
This is what I am thinking... since she wrote the email to me on the 3rd of August hypothetically stating what would she be liable for if moved out early. To me that that is not an official 30 day notice. So they would be liable for this months rent August since its after the 1st.
What does your lease state as far as notices to terminate lease? Those are the rules that need to be followed.
What I am thinking is one of the two below:
Tell them they can break the lease after they give a 30 day notice (since its already Sept 3 and this months rent is already past due) Have them give an official 30 day notice would begin October 1st and they can move out by end of October (October rent still would be due) and I keep their security deposit as a penalty and be done with it..
Does your lease state notice must be given on the first of the month or just 30 days regardless of the time of the month
OR they can break the lease after i receive a proper 30 day notice at the end of this month to move out Oct 31st. (which would be 2 months early) They would be liable for August rent (this months) and also next months rent. I would then list the property and try and re-rent for November and if I did find someone to rent starting November or sometime in November I would return their security deposit less any damages (if any) and less any amount difference in the rent should I find new tenants.
Your lease is the deciding factor in the notice timeline and payment owed.
Their excuse for leaving is bogus in my opinion. As we do have an air conditioner they they are not using so they can save electricity cost as what I think. They are the type of people that want to conserve energy by not using fossils fuels etc (not that there is anything wrong with that) just stating the type of people they are.
Doesn't matter why they are leaving. You can't keep them there. All you can do is tell them they must give you proper notice to terminate. The email asking what the liabilities are means nothing. Its a inquiry. Simply tell them to read their lease and follow proper procedures. If they plan on leaving tell them they are required to give you a proper notice to vacate. I can tell you that I refuse to keep anyone in a rental if they don't want to be there. I simply tell them to give me notice, I'll list the ad and they are liable for rent until I find a qualified tenant.
There is nothing wrong with the house and everything is functioning fine as it should. We are off island until end of October but we do have an on-island contact should we need to show the place prior to us returning.
I think bottom line is since they have not given an official 30 day notice as of yet and its already after the 1st of September then they would be liable for rent until October 31 no matter how you looked at it or am I wrong?
Any advice from experienced LandLords?
Here is his my leases work. On a month to month
Tenant can give notice. The notice must be given by the first of the mi th and must end by the end of that month.
On a yearly notice I have to mitigate. But I'm not required to accept a lesser qualified tenant. So the departing tenant must pay rent until I find a as or better qualified tenant as they were, that's why I stick to 680 credit and 3x rent income no xyz.
Can you post your lease notice of termination section?
So they are obligated for this months rent. - Period correct?
Does 30 day notices are they from the 1st - last day of the month OR can someone give a 30 day notice on the 12th of lets say September and there 30 days would be up middle of October and then only pay for half the month in October?
Of course I will try and rent it out.. just trying to figure out what my rights are? Just seems like having a lease is not any different then a month to month as per the responses I have gotten I thought leases gave more protection.
Yes my lease does factor in the rules for our state and although I did not list a lease penalty. In Hawaii yes I do have to migrate damages and they would have to give a 30 day notice and that tenants would be liable for any rents due that I was not able to recoup by re-renting it out.
I could care less if they want to leave early just would rather their obligation for rent owed to us would not be any less then end of next month.
Yes Yes i know that their reason to leave really means nothing I only mentioned that because I wanted to get it off my chest.. not that I thought it meant anything legally. They could say they just wanted to move and not even give a reason. Which makes me wonder why so many tenants ask on this forum and other public forums.
"Will my landlord let me break the lease" why even ask about breaking a lease if everyone can break a lease at any time. ?????
So they are obligated for this months rent. - Period correct?
Yes if they haven't given notice they are required to pay rent.
Does 30 day notices are they from the 1st - last day of the month OR can someone give a 30 day notice on the 12th of lets say September and there 30 days would be up middle of October and then only pay for half the month in October?
Depends how your leases are worded. My lease when it converts to month to month the tenant is required to give notice on the first and tenancy ends at the end of that month. They can give me the notice earlier but i direct them to the section of proper notice to vacate.
I used to have it where it was 30 days regardless so they could give notice mid month then leave mid month on the next month. So I restructured where all leases terminate at the end of the month. They can leave mid month and surrender the property, but I don't do refunds or prorate the last month any longer.
Of course I will try and rent it out.. just trying to figure out what my rights are? Just seems like having a lease is not any different then a month to month as per the responses I have gotten I thought leases gave more protection.
They usually do give some protection.
Yes my lease does factor in the rules for our state and although I did not list a lease penalty. In Hawaii yes I do have to migrate damages and they would have to give a 30 day notice and that tenants would be liable for any rents due that I was not able to recoup by re-renting it out.
Then that's fine. You tell them To give you the 30 day notice in writing, they can leave but are liable to pay rent as per state law until you find a tenant that has the same or higher qualifications as they do. You are not required to accept a lesser qualified applicant. Whatever your lease doesn't have as termination clause falls back under state law. You can literally have a verbal month to month lease and strictly follow the state guidelines on renting.
I could care less if they want to leave early just would rather their obligation for rent owed to us would not be any less then end of next month.
They are required to pay the rent until you find a tenant. It could be a month could be a week. As long as they cover the rent until you find a replacement tenant you're ok. If they stop paying now you can keep their deduct from the security deposit for damages or nonpayment and go after them for any remaining money owed .
Yes Yes i know that their reason to leave really means nothing I only mentioned that because I wanted to get it off my chest.. not that I thought it meant anything legally. They could say they just wanted to move and not even give a reason. Which makes me wonder why so many tenants ask on this forum and other public forums.
"Will my landlord let me break the lease" why even ask about breaking a lease if everyone can break a lease at any time. ?????
Most tenants don't break the leases they sign. Unless some drastic event happens. Some tenants are difficult. They could be running into money problems and they are trying to get lower rent elsewhere so they think they are doing you a favor.
They probably have no idea that even if they leave they are still liable to pay rent. I think you need to calmly explain to them their liabilities on rent payment even after they give notice doesn't end. The rent payment doesn't stop because they leave the rental (they most likely think once they leave their rent liability stops )
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