Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to Landlord.com's Discussion Forum
Register Latest Topics
 
 
 


Reply
  Author   Comment  
nejpski

Registered:
Posts: 5
Reply with quote  #1 
I have a tenant who gave 30 days notice but still has 2 1/2 months left on the lease.  What am I required to do, what can I charge them for.
OHlandlord

Registered:
Posts: 3,720
Reply with quote  #2 
You can't force the tenant to stay.  But you can make them aware of the consequences of their actions.  Let them know that they will be breaking their lease if they move out prior to its expiration.  They will be held accountable for the rent until it is re-rented, advertising costs, utilities if they were listed as their repsonsibility in the lease (in some areas), agent fees if you use one to find a new tenant, and any damages beyond wear & tear.

Please post your state and I can tell you more specifics.
nejpski

Registered:
Posts: 5
Reply with quote  #3 
Thanks

The state is Nebraska.  What I want to know is if I can charge for MY SERVICES in what it takes to rerent the unit.  That is...costs for my labor.  I dont expect to have to spend $$ advertising.  I have had great luck on Craigslist.  In fact I believe I already have a tenant.  It just doesnt make sense that they have no monetary consequences to breaking the lease.

rkkeller

Registered:
Posts: 764
Reply with quote  #4 

You can deduct whatever you want from the security deposit and being they broke the lease, they probably wont take you to court over it.

OHlandlord

Registered:
Posts: 3,720
Reply with quote  #5 

In Nebraska you have an obligation to re-rent the unit to minimize their (and your) loss.  I have a list of states which tell you if a LL may deduct for his own labor, but Nebraska is not on my list.  Some states allow you to deduct for your own labor to make repairs to get the unit ready, others don't.  Call a local LL's association and ask them.  They will know if the judges allow it there.  No state allows you to deduct for your time to advertise or post it on CL, as this is part of your job as a LL.  You cannot just deduct whatever you want from the deposit.  Some states have fines of 2-3 x the wrongfully withheld amount that you could be forced to pay to the tenant if they challenge it.  And remember you must do an itemized accounting of everything you keep from the deposit and submit it to the tenant within 14 days of when they vacate.

nejpski

Registered:
Posts: 5
Reply with quote  #6 
IS there anything to the timing of the notice (to vacate)?   The contract states that notice must be give on the first of the month, so essentially they would be due to pay 51 days (in this case) of rent rather than 30.  What is legitimate?  Remember, the state is Nebraska.  Number one:  they are breaking the lease, NUMBER 2, they are only giving 30 days notice.  If I rerent the unit 1 week after they leave, all they have to do is walk away??

When is the security deposit due to be returned on a BROKEN LEASE?
OHlandlord

Registered:
Posts: 3,720
Reply with quote  #7 
You must itemize and return a deposit within 14 days of them vacating the unit.  Not 14 days after the end of their lease.  Any money still owed from advertising and being unable to rent the unit after that needs to be obtained through small claims court.  Sue them for the rest.

And yes, if you re-rent it a week later, you can only charge them for one week of rent since that is all the rent you lost.  You had no other monetary damages.  You can charge them for the advertising costs and any other unreimbursed expenses that you had because the broke the lease.
nejpski

Registered:
Posts: 5
Reply with quote  #8 
Thanks I really appreciate your help.  Just to be clear, if the apt is UNRENTED prior to the end of the 14days (date of deposit return), I can ALSO deduct from their deposit the lost 14 days worth of rent (itemized of course).   And sue them for any additional etc.
OHlandlord

Registered:
Posts: 3,720
Reply with quote  #9 

Yes.  Per their lease, they were to have paid rent for that period.  Since you were unable to rent it during that period, you should be able to subtract the unpaid rent from the deposit.  If you are still unable to rent if for the next couple of weeks, that amount you would have to recover from them in small claims court.  I would add a notice to the deposit return statement that these are the damages to date and that further damages will be pursued as they are available through the end of their lease period.  Let them know when they get that deposit back that it is not a final list of damages, but only those to the date of the statement.

ganoblewms

Registered:
Posts: 1
Reply with quote  #10 

I am in SC. My tenants notified me on Jan. 12 that they were planning to move. I did not release them from the lease which was through June 15. They moved out Feb. 1. Not only did they break the lease, they violated the lease. They were allowed one domestic animal but brought in a second dog--a mastiff bulldog about the size of a small horse. My sofa is ruined, and my brand new laminate floors are scratched beyond repair. I plan to keep their deposit, but can I sue for the four months remaining on the lease? Also, can this be done in small claims court. They would not even give me a forwarding address.


__________________
Georgia N. Williams
diamond0104

Registered:
Posts: 2
Reply with quote  #11 
Quote:
Originally Posted by OHlandlord
You can't force the tenant to stay.  But you can make them aware of the consequences of their actions.  Let them know that they will be breaking their lease if they move out prior to its expiration.  They will be held accountable for the rent until it is re-rented, advertising costs, utilities if they were listed as their repsonsibility in the lease (in some areas), agent fees if you use one to find a new tenant, and any damages beyond wear & tear.

Please post your state and I can tell you more specifics.
Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join Landlord.com > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements >
LandscapingSanJose.net Resources: Cleaner Sunshine coast