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Old 12-18-2014, 12:13 PM
 
Location: Paradise
3,663 posts, read 5,661,048 times
Reputation: 4865

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The thread title is not exactly right, but I don't know how to change the title.

I know every state is different, but I'd appreciate some general guidelines.

If a tenant knowingly violates the conditions of a lease, does that negatively reflect on the tenant later when they try to rent elsewhere?

For example, the tenant moves in another person or takes on a pet. You give them a notice to remedy the situation and they do not and, instead, choose to move. Are they still on the hook for the remainder of the (mitigated) lease and any other penalties?

I think the answer is obvious but just want to double check.

I'm considering renting out my house next year and I want to be as prepared as possible. What I know so far:

Always do a criminal background and credit check. < Where do you draw the line on the criminal background and credit check? And where do previous evictions show up? How do you know if a person has given you a fake landlord?

Get an adequate deposit.

Know well the landlord/tenant laws of the state.

File appropriate paperwork immediately if rent is not paid on time, and follow through with all other remedies as soon as possible.

Have a very detailed lease agreement.

Thoroughly documenting, with photos, the condition of the home prior to move-in. And then, again, after.

My recent landlord did twice yearly inspections of the property and I really like that idea. Is this the new thing now? I'd like to include this.

It's better to wait for a good tenant and leave a house sit empty than to rent to a less than desirable tenant just to get it rented.

What else should I be considering?
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Old 12-18-2014, 12:50 PM
 
Location: The Triad
34,090 posts, read 82,707,739 times
Reputation: 43656
Quote:
Originally Posted by Everdeen View Post
If a tenant knowingly violates the conditions of a lease
does that negatively reflect on the tenant later when they try to rent elsewhere?
Who else knows about it?
Who, in authority to act, acted to stop or change that violation?
If a tree fals in the forest and no one is there to hear it...

Quote:
For example, the tenant moves in another person or takes on a pet.
You give them a notice to remedy the situation and they do not and, instead, choose to move.
That remedy notice has the option "to quit".
Don't fault them for taking that option.

Quote:
Are they still on the hook for the remainder ...and any other penalties?
This varies... a lot.
Often, when you give the LEGAL remedy or quit notice you will have created a "back door"
for them to leave the property through and to leave the lease and it's obligations behind.

They'll of course owe for every minute in residence and any damages...
but in most such instances no more rent is owed once they have actually left.

Quote:
I'm considering renting out my house next year and I want to be as prepared as possible.
What I know so far:
What I know so far is that most like you are FAR better off to sell as is.
Even at a loss.

Quote:
It's better to wait for a good tenant and leave a house sit empty than to rent to a less than desirable tenant just to get it rented.
It is.

Quote:
What else should I be considering?
Selling.
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Old 12-18-2014, 01:11 PM
 
Location: Paradise
3,663 posts, read 5,661,048 times
Reputation: 4865
Quote:
Originally Posted by MrRational View Post
Who else knows about it?
Who, in authority to act, acted to stop or change that violation?

If a tree fals in the forest and no one is there to hear it...
That matters not. A violation is discovered and is required to be remedied.

Quote:
Originally Posted by MrRational View Post
That remedy notice has the option "to quit".
Don't fault them for taking that option.

Quote:
Originally Posted by MrRational View Post
This varies... a lot.
Often, when you give the LEGAL remedy or quit notice you will have created a "back door"
for them to leave the property through and to leave the lease and it's obligations behind.
Quote:
Originally Posted by MrRational View Post
They'll of course owe for every minute in residence and any damages...
but in most such instances no more rent is owed once they have actually left.
When they are in violation of the lease, that should not be a windfall or backdoor for them profit at the expense of the landlord. If, however, that is largely the case, then I need to know that as a potential landlord.

Quote:
Originally Posted by MrRational View Post
What I know so far is that most like you are FAR better off to sell as is.
Even at a loss.

It is.

Selling.
Well, that is not the question I posed, now, is it?
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Old 12-18-2014, 01:22 PM
 
Location: The Triad
34,090 posts, read 82,707,739 times
Reputation: 43656
Quote:
Originally Posted by Everdeen View Post
When they are in violation of the lease, that should not be a windfall or backdoor for them
to profit at the expense of the landlord. If, however, that is largely the case, then I need to
know that as a potential landlord.
Want specifics? Ask the locals wherever it is that you are.
Start with an experienced LL oriented RE attorney.

But consider the challenge you lay down:
"Tom, I told you no dogs. You agreed to no dogs.
You have three days to either get that dog out of here ...or to get yourself out of here"
(that last part is the section that matters most)

Quote:
Well, that is not the question I posed, now, is it?
Consider it a kindness to get the topic into the conversation
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Old 12-18-2014, 01:38 PM
 
Location: Paradise
3,663 posts, read 5,661,048 times
Reputation: 4865
Quote:
Originally Posted by MrRational View Post
Want specifics? Ask the locals wherever it is that you are.
Start with an experienced LL oriented RE attorney.

But consider the challenge you lay down:
"Tom, I told you no dogs. You agreed to no dogs.
You have three days to either get that dog out of here ...or to get yourself out of here"
(that last part is the section that matters most)
I want to know the experiences of a wide variety of landlords. They are welcome to preface their response with, "In my state..." or, "In my leases..." if the responder feels it's appropriate.


Quote:
Originally Posted by MrRational View Post
Consider it a kindness to get the topic into the conversation
Cloaked in snark?

If you want your suggestions taken in a kindly manner, it helps to actually show kindness. At least, that is what a rational person would do.

I may or may not become a landlord regarding this property. Although I have rented out a property before, I got extremely lucky with great tenants but am unwilling to leave it to chance, in the future, should I move forward on it. I am seeking information on renting, not selling.

I've read your comments and I think you and I have exchanged enough information on the matter. I'd like to hear from others who are established landlords.
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Old 12-18-2014, 02:01 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,562,940 times
Reputation: 26727
Quote:
Originally Posted by Everdeen View Post
Although I have rented out a property before, I got extremely lucky with great tenants but am unwilling to leave it to chance, in the future, should I move forward on it. I am seeking information on renting ...
The questions you're asking have been answered many times over on this forum but the best advice is to sit down with a good real estate attorney in your area and have him/her go over your proposed lease, tailor it to suit your particular needs in your particular location and explain to you all the ramifications. That's the first basic step and is worth every penny.

There are thousands upon thousands of "what ifs" which you can address and learn about if and when they arise - but your first priority is a good, tailor-made lease.

Is there a landlord support group in your area? Many larger communities have them and they can be a great help.
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Old 12-18-2014, 02:03 PM
 
Location: Paradise
3,663 posts, read 5,661,048 times
Reputation: 4865
I did find one provision in the state statutes that deals with this:

Quote:
Except as otherwise provided in this chapter, if the tenant fails to comply with the rental agreement or fails to perform his or her basic obligations under this chapter, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate as provided in this section. If the breach is remediable and the tenant does not adequately remedy the breach or use his or her best efforts to remedy the breach within 5 days after receipt of the notice, or if the breach cannot be remedied, the landlord may terminate the rental agreement.
I have yet to find anything that indicates that the tenant is still responsible for the remainder of the lease. I assume that this could be dealt with in the lease itself. Something to the verbiage of:

"Should the tenant act in a manner as to breach the term of the lease, the tenant will still be responsible for the remainder of the lease period if the tenant chooses to not remedy the breach within 5 days of receipt of the notice."

Yes?
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Old 12-18-2014, 02:14 PM
 
Location: IGO CA
350 posts, read 476,227 times
Reputation: 851
You are expected to 'mitigate damages,' so sitting on your hands after a tenant moves out expecting he will be liable for the remainder of a lease is a big no-no. The reality is, if a tenant violates your lease and moves out, it will be difficult to collect any more monies in many cases, no matter how 'right' you are or how well your lease is written. You should be out trying to get it released ASAP.

Agree that having a lawyer help write and approve your contract may go a long way in avoiding problems. However, your check list is pretty good. Better than we did many years ago. Ended up doing two evictions, got judgments of nearly $5,000 in both cases (back rent and damages to property). Guess how much we saw of that ... ZILCH, NATA, NOTHING.
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Old 12-18-2014, 02:16 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,562,940 times
Reputation: 26727
Quote:
Originally Posted by Everdeen View Post
"Should the tenant act in a manner as to breach the term of the lease, the tenant will still be responsible for the remainder of the lease period if the tenant chooses to not remedy the breach within 5 days of receipt of the notice."

Yes?
NO. Once you terminate a lease it's done with. You've achieved the purpose of the cure or quit, have demanded the tenant leave so of course you can't turn around and demand that he pay for the rest of the lease term.
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Old 12-18-2014, 02:17 PM
 
10,746 posts, read 25,941,505 times
Reputation: 16025
Quote:
Originally Posted by Everdeen View Post
I did find one provision in the state statutes that deals with this:



I have yet to find anything that indicates that the tenant is still responsible for the remainder of the lease. I assume that this could be dealt with in the lease itself. Something to the verbiage of:

"Should the tenant act in a manner as to breach the term of the lease, the tenant will still be responsible for the remainder of the lease period if the tenant chooses to not remedy the breach within 5 days of receipt of the notice."

Yes?

Make an appointment with a real estate attorney and get the specifics for your area. The first thing you need to do is read/learn/understand your states landlord tenant laws and take any questions to a landlord group or RE attorney. No one here is going to give you legal advice.
.
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