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I reread your post twice. Nap has good advice. These tenants have shown a propensity to trouble. Did they give you written notice of intent to move or have they returned keys?
If not you may still not have the right to the property returned to you.
I would consider some legal advice. You may look like someone with big pockets and you have made a few mistakes that could tie you up. Entering with out notice is a biggie in some states. Would you like to share when they gave notice in reference to their failure to pay rent?
Here's what happened. The two couples renting were not getting along and didn't want to live together anymore. They had a sit down with my husband who told them that if he could rent the condo out for July, they'll get their security back. The lease is up July 31st, they emailed my husband saying one couple is moving out the beginning of June, the other mid June. Well, my husband got a phone call that someone wanted to see the apartment...so he called the one guy who speaks for all of them if hecould show it, he said yes. Told my husband where the extra key was hidden because my husband did not have the keys on him. My husband took that as an okay to enter, wouldn't you? Why would he tell him where the key was then? My husband didn't know where it was hidden. Husband went in to show the apartment.10 mins later he gets a call from the screaming girlfriend that he has to give 24 hour notice and that her boyfriend did not give him the okay. The boyfriend has lied before just to not fight with his pathetic girlfriend who took this situation as a way to get out of paying June & July rent, because they were moving out the next day! She called the cops, I have yet to get the report. My hsuband explained to the cop that he had gotten the okay from the tenant and that she was lying.The cop said, "Okay I see what happened here" and hung up. From my understanding the cop closed out the case because he found no fault. Meanwhile, it would only benefit them if we rented the apartment out for July so they would get their security back for breaking the lease early. Crazy girlfriend and liar boyfriend moved out the next day and the other couple moved out a week later to make sure they were out I'm sure before June. They told my hsuband they would pay until the end in an email...took this an an opportunity to bail out. They returned the keys with a letter stating that because of his actions they are entitled to their security back.These are young kids who obviously have alot of growing up to do, smoke pot, were noisy tenants that people complained about...so glad their gone. But they left us with an uncleaned carpet which was supposed to be professionally cleaned apon their departure...**** stains from the dogs they weren't supposed to have. Cigarette smoking in the house with a no smoking lease...a broken thermostat, brand new filthy appliances. They were supposed to deliver the condo the way it was given to them as stated in the lease. It was not. Mind you the keys they gave me don't even work. I had gotten the keys fitted at home depot and all the keys say lowes on them....obvious they still have the keys probably in casethey don't get back their security, they will go back and wreck the place. Their dog chewed the stairs, they bent a couple of screens...and changed the garage door code which we told them not to do incase there was an emergancy and the electric company or plumber of whoever needed to enter. They failed to follow the terms fo the lease and they meanwhile, they said we didn't so they can back out of the lease??? These people are low class and a poor excuse for human beings....I need to change those locks like now!
This is what they wrote:
We are writing you this letter to inform you that because of your actions on May 22nd the lease entered on whatever date between blah blah blah and blah is null and void.
In section 4.1 the lease states "Lessee grants permission to lessor to show the apartment to new rental applicants at reasonable hours of the day (which it was) within 45 days of the experation of the term of this lease. On May 22nd there were 71 days lefton the lease signed between both parties, this was the first infration causing the nullification of the lease.
They broke the lease in an email in April...so technically they broke the lease! Also....who are they to determine that the lease is null and void?? We had permission...plain and simple, they lied. Why would my husband take a hidden key where he had no clue where it was and go in if he supposedly did not give him permission? Also, they lied to the cop and told him my husband broke in through the living room window and showed him a bent screen which they obviously have a habit of doing since other screenswere bent when I inspected yesterday. Besides, there is no way my husband could have reached the window and climbed in...another thing, that window sticks...you'd have a really good grip from the inside to oepn it...I should know I lived in that condo for 5 years and could never get it open from the inside...never mind the outside. I'm calling my lawyer...this is bullsh*t!
But you have an email from April saying they were all going to be out by mid-June. Print out the email and keep your blood pressure down. Getting mad isn't going to help you in this. You made a business decision to rent out a condo. The tenant has breached the lease, and has come up with a pretext to claim they should get out of paying rent. You can prove your side of it. Calm down - you're the one with the money, so you're in control. Get the carpet cleaned, get the smoke smell out, put some new locks on the doors and lease the condo to someone else.
The tenants are moving out by Mid June, but not all out yet, right?
Their lease is through the end of July.
In most states (not all, so check your local laws), the Landlord has an obligation to "mitigate a tenant's losses" when they break a lease. In other words, to try to find a new tenant as quickly as possible, so the old tenant can stop paying rent someplace they don't live anymore. Even if it isn't actually the law in your area, it is probably what is expected. It is also the right thing to do. *Edit* This does not mean you have to take a substandard tenant, or take the first one who comes along, just make an effort to find a new acceptable tenant.
So, the fact that they have 71 days left is countered by the fact that they are no longer intending to occupy within around 15 days. You not only have the right to show the property, it is likely that you have an obligation to attempt to rerent as quickly as possible. Their email stating that you "voided the lease" is without grounds.
P.S. Tell your husband to stop breaking into your rentals.
All the tenants moved out already. The first couple moved out the next day after the incident (5/23) and the other 5/29. They said they would pay through July...originially they were going to move out in June. They owe rent for June & July. My husband said that if he rented the apartment for July he would give them their security back. They haven't paid for June rent and obviously used this incident as a way to get out of paying their obligation. I got the police report and it basically states that the one tenant in charge told the landlord where the key was and never told the landlord he could go in but he never said he couldn't either...it also stated that the tenant was on the phone with the landlord while he was walking through the apartment so the tenant knew he was in there. It states that the other tenant didn't want him arrested but only documented that he entered when they were not home. First off, no where does it state in the lease that a tenant has to be home before the landlord can go in and secondly, she wanted it documented so she can say, "hey you violated the lease now give me my money." I hate to tell her but the police report sides with my husbands story. She isn't getting her money back...I can promise her that. Still waiting for my attorney to call me back to help me write out a response.Thanks all for your comments, advice and help!
Again I agree with Nap. I think you are smart to consult on this. That said, you do have a notice from all parties on the lease that they will/have vacated. That was a concern for me. Now make sure you have an accounting for them within the time-frame of your lease. It is usually 31 days from their notice of vacating the property. This is important. In some cases they can sue for three times their security deposit if this is not followed. Not to worry you just stay on top of it. We have ALL had bad renters, just keep looking at it as business, take your emotions out. I just can not tell you how many times I worked with tenants to get their rent in only to have to eventually go to evection court with them and they show up with sad stories and children in tow. Here I am looking like the executionor. Just part of the job. Dot the I's and cross your t's. Good luck.
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Just part of the job. Dot the I's and cross your t's. Good luck.
