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rumba

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Posts: 24
Reply with quote  #1 

My tenants are breaking the lease. The lease began in Aug 2018; renewed to March 2020. Now they want to leave in July 2019. No problem tenants so far.

The tenants are responsible for rents until the lease end. Two questions
1) I, not the tenants, prefer to find replacement tenants. Is this allowed? I don't want tenants to choose whoever comes in.

2) When advertising for new tenants, I am going to increase the rent by 2.5% (this is Los Angeles County, not the LA city) from Aug 2018 rent.  Can I do this when replacing the current tenants?

Thanks,

Anonymous

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Posts: 69
Reply with quote  #2 
Sounds like you are a newer landlord?

YOU find and screen.... your new tenants not your current tenants.  I mean if your current tenants know of someone looking.... and you meet them you can always check them out.  They have to pay for their background screening.  You could always hire a realtor who deals with leasing rentals... to do it too, that is what i am doing, as i live in the IE and my rental is in OC.

You can make the rent whatever you want just make sure it is close to market value.  Do a search for similar rental units/homes in the area, take into account upgrades....
rumba

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Posts: 24
Reply with quote  #3 
Thanks. The tenants have lived for one year. Can I charge them for interior repainting ($2500) out of security deposit of $4000? The unit was freshly painted before they moved in, There is no major decoloring of paints. It says paint life is 2-3 yrs.
Anonymous

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Posts: 69
Reply with quote  #4 
If the painting/walls... are in good condition and they have only lived there a year you don't have to repaint.  Just do some touch ups.  You shouldn't be charging them for painting in this situation.
rumba

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Posts: 24
Reply with quote  #5 
Yep - thanks.

Besides, if I find a new tenant, how many days should I allow for preparing for the house for new tenants? I am thinking a minimum of 5 days assuming no major repairs (1day inspection and move out walkthrough, 1 day clean, 1-2day paint/repar, 1 day pre-mov in walkthrough). And the old tenant should pay double rent during this 5 days. The old tenant try to find a replacement and time movein/ move out to minimize double rent.
AccidentalRental

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Posts: 183
Reply with quote  #6 
Why does the old tenant pay double rent during the 5 day turnaround?  What did I miss?

Don't be greedy with the Security Deposit.  Charge them only for legitimate damages beyond wear and tear.  Hustle to get someone new in and turn the unit over.  You don't want to get into a court fight over petty things.  Turn it over, raise the rent and move on.

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rumba

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Posts: 24
Reply with quote  #7 
Why does the old tenant pay double rent during the 5 day turnaround?  What did I miss?

Tenants are responsible for rent until the new tenants receive keys. The turn around time is necessary up to the re-rent, to restore the condition back to where the old tenant moved in.  If the old tenant don't cover this period, I will end up paying for the period. Why should I - it is the tenant who decided to break the lease.

If the old tenant ends up leaving before identifying new tenants, the old tenants will be paying double rent while I am performing the turn around anyway

Raise rent and move on. Good point. But the rent raise will be minimal ~2% and the tenant will be reluctant to the raise, fearing that will reduce the chance of re-rent
LLinVA

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Posts: 513
Reply with quote  #8 
If allowed by law and lease, charge the old tenant's normal rent rate until the new tenant is in (or whatever is allowed by law). 

Don't charge for anything that isn't damage beyond normal wear and tear.

How much painting needs to be done on a unit that had one tenant in the year since it was painted last? Is washing a few smudges not enough?

The old tenant has no say in how much the new rent is. Rent it at market value based on good comps (or slightly lower for a faster occupancy). 
AccidentalRental

Registered:
Posts: 183
Reply with quote  #9 
I still don't follow Rumba - Normally, a tenant who breaks a lease is responsible for the rent up until the unit is rented again.  Does your lease say you will charge them double rent?  I doubt that is legal and will hold up in court if challenged.  Check your local laws before attempting to charge double rent.

As LLinVA said - your tenant doesn't get to decide what the new rent will be.  Don't go over market rates though.  You need to make a legitimate effort to mitigate their damages (rent they must pay until the place is rented again).

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