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chebrown

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Posts: 5
Reply with quote  #1 
Our tenant was in a one year lease.  She moved with no notice.  She called several times indicating she wanted out early.  We explained that she'd be responsible for the cost of re-renting and the rent lost.  I told her to send me her notice in writing and then I'd send her a move out letter on cleaning, etc.  The next time she called, she said she had to leave due to health reasons for her son due to the air quality.  I told her I still needed it in writing.  Two weeks later, I called her (because she failed to pay the water bill and it was being turned off that day) and she told me they already moved out and would be completely out in a day or two. I still had nothing in writing from her.  Is she allowed to terminate early due to health reasons?  Is she still required to give me written notice and not just up and leave?  Or can I still charge her for leaving her lease early.

San Bernadino County, Ca.
OHlandlord

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Posts: 3,787
Reply with quote  #2 
You are required to mitigate damages by attempting to re-rent the unit as quickly as possible.  If you still don't have the keys back, you don't have legal possession yet since she said she'd be out in a few more days.  (When exactly is that?)  She owes current rent until she says she's completely out or until she returns the keys.

She gave you no notice to vacate so she owes the rent for the 30 days of notice that she was required to give.  She cannot vacate for health reasons, especially since she provided no proof of such.

Once you get possession back, she returns the keys, or she lets you know she is out, go in and get it ready to re-rent.  Charge her for any damages, advertising, rent until re-rented and send her an itemized statement within 21 days of when she gives you the place back.
chebrown

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Posts: 5
Reply with quote  #3 

Thank you.  We have possession now.  I had her write me a letter and leave the keys.  I will do as you suggested then.  She never did provide any proof about the health issue.  I'm sure I will be in court on this one. 

OHlandlord

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Posts: 3,787
Reply with quote  #4 
With your only clue as the "air quality", that is hardly grounds to break a legal lease.  Had she provided an air quality lab report that showed unhealthy levels of something in your unit's air, or a medical report that showed the child was allergic to something in the unit, I may have allowed her to terminate early.  (Keep in mind that you are not responsible for her child's allergies though.) 

Do a thorough inspection.  I foresee a mold complaint coming (one of those issues many tenants use to try and break a lease early).  Do an inspection report and take complete dated photos of the unit now.
kateylove

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Posts: 4
Reply with quote  #5 
Quote:
Originally Posted by OHlandlord
With your only clue as the "air quality", that is hardly grounds to break a legal lease.  Had she provided an air quality lab report that showed unhealthy levels of something in your unit's air, or a medical report that showed the child was allergic to something in the unit, I may have allowed her to terminate early.  (Keep in mind that you are not responsible for her child's allergies though.) 

Do a thorough inspection.  I foresee a mold complaint coming (one of those issues many tenants use to try and break a lease early).  Do an inspection report and take complete dated photos of the unit now.


This makes sense. The tenant would do something like that to break the lease but what if her reason is valid? What if she shows up with an air quality lab report or medical report of her child?

If you're going to cooperate with a new tenant who applied at EZ Lease Rentals, you won't have a problem because the company will take care of the tenant's shortcomings, including the late payments.
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