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Old 06-15-2013, 07:59 PM
 
4 posts, read 5,951 times
Reputation: 10

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We have a rental house in VA that is still on a 6 mos lease and now, the tenant wants to break the lease and move out in July. Does not want to be liable for the rest of the months eventhough contract states that if we don't find a tenant, they will still be liable for the remaining mos. in the contract. Now, tenant (Brother 1) is alleging that he did not sign the contract (long story short, the one who signed the lease initially is out of the house and his brother(brother 2) is living in the rental house but he(brother 1) is still the one who signed for the lease). Threatening emails sent to property manager abt. black anodes in the hot water (it was fixed back in 4/2012) and it was not "safe" for them to live in the house and all. All these coming in a month before they are supposed to move out. They even want the security dep back even before we take possession of the house. Anyone has this experience before? They're claiming discrimination to unsafe living condition to try to get out of their lease. These people have been in the rental house since 2011, signed a one yr contract and then 6 mos. They're crying discrimination even for the HOA letters that we have received due to tall grass! We live in a very nice community.
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Old 06-15-2013, 08:41 PM
 
Location: The Triad
34,092 posts, read 83,000,140 times
Reputation: 43666
Quote:
Originally Posted by speed31 View Post
We have a rental house in VA...
And? Are you saying that you want to continue with these people?
Good riddance. Pack it up and get 'em out asap.
Be more picky about who you rent to in the future.
Shed the property manager if you're gonna do all the work anyway.

Focus on getting rent for the time occupied, a smooth turnover and condition.
Fix whatever isn't right regardless of fault. Document it all.
Then get your new tenants in place promptly.

Refund SD (minus whatever is their fault) after 30 days as is appropriate
Move on.
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Old 06-15-2013, 09:03 PM
 
4 posts, read 5,951 times
Reputation: 10
Quote:
Originally Posted by MrRational View Post
And? Are you saying that you want to continue with these people?
Good riddance. Pack it up and get 'em out asap.
Be more picky about who you rent to in the future.
Shed the property manager if you're gonna do all the work anyway.

Focus on getting rent for the time occupied, a smooth turnover and condition.
Fix whatever isn't right regardless of fault. Document it all.
Then get your new tenants in place promptly.

Refund SD (minus whatever is their fault) after 30 days as is appropriate
Move on.
We are glad to have them GO!!! Believe me. If they can go tomorrow, I will let them. The issue is they are harassing my property manager for the security deposit and why they should be liable for the remaining mos of the contract. Contract states we have to 45 days(heck as soon as we have possession and do the repairs) we'll send it ASAP. Contract states that they are still responsible for all the mos. until the place is re-rented.They want their SD now(before they move out?)!!! They have been so aggressive and threatening as well. Asking us (emails to the property mgr) to "repair the hot water ASAP since there are black specs" (found out from the plumber back then it was "anode rod in the water heater" and alleging that the house is "unsafe" to live in. The issue was addressed back in 2012 and got a confirmation from the last property manager that all is well with that . Now they're alleging that they have complained abt this and nothing was done (and they have witnesses he said )

Property manager will do quarterly inspection next week. Told him to give them copy of the contract. Tenant is alleging he has a "meeting" with his lawyer before the inspection so advised him to take contract with him to his lawyer. The property is already out in the market and hoping we'd get a reasonable and reliable tenant soon. It seems like they want the SD before move out and wants to pro rate the month of July? Is that reasonable?

We do want a smooth turnover. Who wouldn't? But these people are unbelievably impossible.
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Old 06-15-2013, 10:22 PM
 
Location: southwest TN
8,568 posts, read 18,114,585 times
Reputation: 16707
I would:

1. Tell them no to pro-rating;
2. Tell them ABSOLUTELY NO to SD before move-out.
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Old 06-15-2013, 10:26 PM
 
5,046 posts, read 9,626,106 times
Reputation: 4181
So...the one who signed the lease is illegally subletting essentially?
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Old 06-15-2013, 10:49 PM
 
4,787 posts, read 11,764,835 times
Reputation: 12760
And the one is who is illegally subletting is doing so with your long term knowledge- oy vey !

Last edited by willow wind; 06-15-2013 at 11:17 PM..
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Old 06-16-2013, 05:32 AM
 
Location: The Triad
34,092 posts, read 83,000,140 times
Reputation: 43666
Quote:
Originally Posted by speed31 View Post
The issue is they are harassing my property manager for the security deposit
and why they should be liable for the remaining mos of the contract.
You're repeating yourself.
This sort of thing happens everyday.

Quote:
We do want a smooth turnover. Who wouldn't?
You don't seem to know what's important to focus on. (hint: it's the money)

1) Hold the line on the SD refund happening at some point AFTER they have left and you
have had time to inspect and that rent needs to be paid for every minute until they have left.
2) Don't stress over the money due from the balance of the lease because the SECOND
you've done your #1 job (getting the new tenant in place) that tap will turn off.

Focus on allowing them to go in peace without delay and without trashing the place.
Then focus on fixing what's needed and re-renting.
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Old 06-16-2013, 05:59 AM
 
Location: Clermont Fl
1,715 posts, read 4,779,206 times
Reputation: 1246
Quote:
Originally Posted by MrRational View Post
You're repeating yourself.
This sort of thing happens everyday.

You don't seem to know what's important to focus on. (hint: it's the money)

1) Hold the line on the SD refund happening at some point AFTER they have left and you
have had time to inspect and that rent needs to be paid for every minute until they have left.
2) Don't stress over the money due from the balance of the lease because the SECOND
you've done your #1 job (getting the new tenant in place) that tap will turn off.

Focus on allowing them to go in peace without delay and without trashing the place.
Then focus on fixing what's needed and re-renting.
^^
I have found over the years you cannot dictate how people live or act. Let them move its not worth your time, after they move tell them you are keeping the deposit for breaking the lease. A word of advice you said, “We live in a very nice community” let it go the house is a rental now like it or not, you owe nothing to that community any more.
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Old 06-16-2013, 07:32 AM
 
254 posts, read 790,388 times
Reputation: 103
Thanks so much for responding. Yes, we will hold on to the SD until we have possession and see what needs to be done. I will hold firm that they pay for the month of July and no pro rating no matter how much they threaten. Let's see how this goes.
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Old 06-16-2013, 07:52 AM
 
Location: The Triad
34,092 posts, read 83,000,140 times
Reputation: 43666
Quote:
Originally Posted by nixau27 View Post
I will hold firm that they pay for the month of July...
Today is June 16. If they are out before July 1... let it go.
If they stall and are out by the first w/e of July (6th or 7th)... let it go.

If you insist on them paying the July rent... they won't leave until August.
Delaying their leaving doesn't help you one bit.

One more time:
Focus on allowing them to go in peace without delay and without trashing the place.
Then focus on fixing what's needed and re-renting.
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