[Grofica]

is it possible to cancel a lease? i dont think there is any problem with the tenant but i really want to take a different direction with the house and i was wondering if there is a way to get out of it?

or if you could point me in the direction of where i can go to find out.

[delgadobb]

Originally Posted by Grofica

is it possible to cancel a lease? i dont think there is any problem with the tenant but i really want to take a different direction with the house and i was wondering if there is a way to get out of it?

or if you could point me in the direction of where i can go to find out.

If the tables were turned & the tenant wanted out of the lease, what would you say? As a small-time landlord, I guarantee no tenant gets to move out just because they changed their mind. They need to state their case & offer incentives for me to consider changing our arrangement. The flip side is I don't get to get rid of them just to take a different direction. If they're late with rent & damage things, that's different, but if they're doing what is expected I let them be. The lease protects both sides, it's not there for the whims & convenience of one party.

If your lease is properly written, it's a legal contract. Honor it. There's not an easy way to 'get out of it', but you could approach the tenant on a person-to-person level & explore options. This person's committed to the rental being their home for a period of time. They're naturally going to want to know why you've changed your mind. If you want to change the agreement, be prepared to compromise & offer concessions - if they're even willing to consider it. Best case, if they even discuss it be prepared to offer $$ & assurances they'll get any security deposit returned.

Disclaimer: I'm not a lawyer, I don't play one on TV & I didn't stay at a Holiday Inn Express last night.

[Grofica]

Originally Posted by delgadobb

If the tables were turned & the tenant wanted out of the lease, what would you say? As a small-time landlord, I guarantee no tenant gets to move out just because they changed their mind. They need to state their case & offer incentives for me to consider changing our arrangement. The flip side is I don't get to get rid of them just to take a different direction. If they're late with rent & damage things, that's different, but if they're doing what is expected I let them be. The lease protects both sides, it's not there for the whims & convenience of one party.

If your lease is properly written, it's a legal contract. Honor it. There's not an easy way to 'get out of it', but you could approach the tenant on a person-to-person level & explore options. This person's committed to the rental being their home for a period of time. They're naturally going to want to know why you've changed your mind. If you want to change the agreement, be prepared to compromise & offer concessions - if they're even willing to consider it. Best case, if they even discuss it be prepared to offer $$ & assurances they'll get any security deposit returned.

Disclaimer: I'm not a lawyer, I don't play one on TV & I didn't stay at a Holiday Inn Express last night.

ha ha ha ha your funny

but i had told the rental place i didnt want to rent it anymore before the person moved in and then they said well they are supposed to move in tomorrow they already dropped off the security deposit blah blah and then because of the trash company for the house (i guess you have to pay trash even if your not there)

i found out that the person had not dropped off the security deposit at that time so now they are in there and i just really dont want to deal with the agency or someone in the house. i dont care about the rent or whatever but i dont know how to fire the agency and i would give 30 days notice easy dont worry for that 30 days for the rent + full security deposit (as long as my stuff was not broken example washer dryer, fridge, shelving, and paint not changed etc)

[airics]

doesn't matter... if the tenant has signed the lease you are stuck... if the agency found the tenant for you, you still owe the agency even if you break the lease...
This is going to cost you ALOT more than its worth.

[LV2ndHome]

Originally Posted by Grofica

but i had told the rental place i didnt want to rent it anymore before the person moved in and then they said well they are supposed to move in tomorrow they already dropped off the security deposit blah blah and then because of the trash company for the house (i guess you have to pay trash even if your not there)

It sounds like the "rental place" (I assume this means the property management company you hired to handle day-to-day operations on your behalf, and thus being your legal agent) had already entered into contract with the tenant before you notified them you no longer wanted to rent the place out. The fact that the tenant hadn't moved in yet is meaningless unless there is some highly unusual language in the contract providing specific special terms for situations in which the tenant hasn't moved in.

Provided the tenant doesn't default on any of the terms of the lease, there is no way you can force him out. You can offer him incentives to voluntarily cancel the lease, but you can't force him. For example, suppose you offered him a million dollars to terminate the lease early. I'd venture a guess he would likely accept that offer, but the point is he is certainly within his rights to say "I'm not interested and will move when the lease expires", and there would be nothing you could do about it.

Just sit down with him and see what he'd be willing to take to voluntarily terminate early. I'd think certainly he'd want some time to look for another place, there might be an approval/waiting period there, he'd want his moving costs covered, and some additional cash for his trouble. Moving is a huge headache to me, and if I were your tenant, in addition to the actual out-of-pocket moving costs, you'd have to pay me a substantial amount before I'd be willing to endure all the trouble/headache of packing, unpacking, risk of furniture getting damaged in the move, and so on. If he wants more than it's worth to you to have him out early, you will have to wait out the term of the lease, unless of course he defaults on the terms at some point (e.g. doesn't pay his rent) which then gives you the right to terminate the contract and evict him.

Originally Posted by Grofica

i found out that the person had not dropped off the security deposit at that time...

The date that the security deposit was dropped off doesn't mean much. If the management company allowed the tenant to drop it off at a later date after the lease was signed and accepted it as your agent without objection, then the lease is valid and enforceable by both parties.

If you can prove the management company entered into the contract after you instructed them not to, you might have a case to collect damages from the management company for any losses you incur from having the tenant in the place vs your new preferred use of the property. The date of the lease with the tenant should be clearly documented. Do you have written documentation of when they were notified by you to not rent the property? If not, you likely have no case against them.

Originally Posted by delgadobb

Disclaimer: I'm not a lawyer, I don't play one on TV & I didn't stay at a Holiday Inn Express last night.

Same disclaimer here. I'm only speaking from knowledge gained through personal experience.

[olecapt]

Read your paper work. There is an agreement with the property manager and the lease with the tenant. See what they say.

I suspect that you are on hook for the lease duration to both the property manager and the tenant. If you get rid of the tenant you will likely have to buy off the property manager.

Unless you are annoyed to the point of a few grand you don't want to go there.

If you reach the conclusion that you are going to ride it out check the paperwork carefully and make sure you take the steps neccessary to terminate both the PM agreement and the lease at the end of their term.

[Grofica]

Ok maybe this is a little more informative. But before I say this I just want to mention I had the entire house cleaned from top to bottom on then 15th of March… (Total cost $200 ish)


March 16th
1. Found out I was deploying 20 March 2011
2. Shopped around for rental agencies most of which never answered or returned messages, found one, signed docs
3. When I spoke with the rental agency they stated that I needed to move everything out that I could not rent furnished so I spent an entire day trying to find a moving company set up pick up for the 17th. (estimated price $400 – $500)
4. Drove all over Vegas looking for storage areas finally found one. ($200 per month)
5. Took money for initial start up thing whatever for agency (they didn’t take credit or debit cards. They asked if I had checks I almost died laughing) Total cost ($460)

March 17th
1. Sat in house all day with moving people. Tried to check up after them but was packing and was not feeling so hot. They kept missing so much stuff it was insane! Very upset I had to babysit, they forgot the trashcans, my shovels, the buckets that were in the garage, the hose, my shelves, hangers, makeup, hair bands, shower stuff, you name it they forgot it. When they first showed I was very specific and said pack everything everything. There should be nothing left in this house. Nothing.
2. Get what I thought was everything on the truck (finally) and drive (with the movers) to the storage unit. I got a huge unit and ok the cars had to fit in it but I do not have a lot of stuff. They said it wouldn’t fit (I still think it could have) and that they could take it down to their warehouse for $250 a month. I said ok what choice do I have? They gave me bill for moving $1,200 (movers got dirt all over the floor – cleaning just went down the drain)
3. Went to get drink from shock.


March 18th
1. Stayed at hotel because had no furniture (st. patties day weekend…not cheap)


March 19th
1. Stayed at hotel because had no furniture (st. patties day weekend…not cheap)
2. Dropped off my car in storage unit.


March 20th
1. Woke up early to catch movement.


March 29th
1. Received email asking if I would accept a tenant with a low credit score, 1 dog and makes an obscene amount of money because he just needs a large space. Was told, “Application looks good overall, would I like to accept this applicant?”
2. Responded sure.


April 13th
1. Received email from Property Company stating they ordered a cleaning at my cost.
2. After the first email received another email (same day) from a different lady at same property company asking if the home will be cleaned for move in date of 15 April.
3. Responded to email stating, “Also I told you a while ago I guess I have no choice but to pay for yet something else I didn’t want to pay for because you would not rent the house with furniture… I guess just tack it on to the couple thousands I am already out....


April 14th
1. Received email back stating it will be cleaned I believe it was $200 - $300
2. I wrote back and asked why so much it is empty. Honestly the only thing is the floors needed mopped it had just been cleaned right before I left.\
3. Received email asking me to purchase the CCR’s for the tenant.
4. I responded and asked why they needed it? They cannot change anything in my house or my back yard or the interior of the house. Everything has to stay as it was. And that after so long without contact and them asking for more to be spent I just don’t really care to rent with them anymore. To cancel everything. (I know that sounds bad but really when I talked to them on the phone they acted as if it was my fault I moved the stuff out even though they told me I had to. And I kept saying I wanted to rent it furnished like when we first talked. And they said it would not rent furnished.


April 15th
1. Received apology email but was told that the person had signed the lease and that they already had a moving truck etc…


April 16th
1. Received email accidently from that second girl at the rental agency stating they were going to sign in the next day or two.
2. Wrote back, forwarding her own persons words, asking why they have out-right lied to me and how I don’t feel comfortable having someone who lies to be a representation of me or my name.
3. Received email stating they were going to speak with the legal department about canceling the lease.
4. Received email that the tenant was already moving in.


April 18th
1. Received call from Trash company (I have a messaging service) stating that my bill is past due (I had turned it off – so I thought when I left) so I called and found out that you can’t turn that off it’s a county or city code that all houses have to have trash set up to them at all times. And I explained to the lady where I was and how the house had people moving in and all the trouble with the rental company etc (there is a bit more then I am putting here, but don’t want to say too much or it might give away who it is) but anyway she was like oh my gosh hold on so she called them and asked why its not moved into the tenants name yet and they told her because the tenant has not signed the lease yet. (Please note the move in date, and then the subsequent move in date, then the oh he is moving in date, and then on the 18th the lease is still not signed????) The lady faxed me a letter with what was discussed with her contact information just in case I needed it for anything later. PS. I love our trash company.
2. Emailed asking why the lease was not signed if the person was already moving in? Never received response.


April 19th
1. Sent email stating they can mark on the file that the lease will never be renewed and that at the end of that year they can count their services no longer needed.
2. Received email back asking why. I was so shocked I never responded.


So what you guys are saying (if I understand you correctly) I would just have to pay off the stupid rental agency… so you figure at 8% X 8 months left (since April, May, June and as of tomorrow July is already paid for) = around 832

And then to make a deal with the tenant…. All rent back (4 months) and July to find a new place?????

I mean between storage and all the other money that I have had to spend it costs me to rent the place out.

[airics]

i'm getting confused.. the tenant has been in the home for 4 months? if so, you are stuck unless you buy out the tenant and prop. mgmt co.

this really sounds like Atlas Mgmt.

[Grofica]

Originally Posted by airics

i'm getting confused.. the tenant has been in the home for 4 months? if so, you are stuck unless you buy out the tenant and prop. mgmt co.

this really sounds like Atlas Mgmt.

buy out the tenant???? couldnt i just refund the money? the prop mgmt company thats not that much left so that part is easy. i mean thats like 4 months free rent... thats not a bad deal right?

no not atlas but i will never rent a property again. i would rather sell than rent. If they lie (and i mean flat out lie) to the owner what BS are they telling the poor occupant...

[airics]

you can talk to the tenant, but they have no obligation to leave plus they would have to break the contract with the property mgmt co.. what happens when the mgmt co. says no way...