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sma3har

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Posts: 4
Reply with quote  #1 
Tenant lease is upto june 30th of this year. We are in texas. She started searching of house in febraury and moved out in march. She paid rent for march and gave 30 day notice on feb 13. Sent her several email about taking pictures and listing the property. On march 4th tenant says she is out of the property and has to clean the property. Does she need to pay early lease termination? What happens to security deposit?
OHlandlord

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Posts: 3,755
Reply with quote  #2 
She is out but still needs to clean it?  So she is maintaining possession until she is finished cleaning?  

I'm guessing she is using the month of March to clean since she has already paid rent for this month.  So she is not giving you possession yet.  Once she gives you the keys and possession, your clock starts ticking to give that deposit back or account for it.  

Did she give you written notice that she was moving out on a certain date?  You don't say.  This varies per state, but many states require you to try and find a new tenant to replace the lost rent from breaking the lease.  You would need to see if it required in your state.  If you can't re-rent it, and your state allows it, use the deposit as lost rent since the tenant broke their lease and moved before it expired.
LLinVA

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Posts: 325
Reply with quote  #3 
Also, what does the lease say? Does it specify a fee for breaking the leasing and terminating early? If so, definitely apply that (should at least keep the deposit for you, if not entitle you to more, even though you wouldn't actually see more).

As stated, until she says she is completely out and the keys are on the counter (or you meet to get the keys), she is in possession which means you can't really go in except for certain reasons, just like when she was still living there.
sma3har

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Posts: 4
Reply with quote  #4 
The lease is a standard one and does not specifically say anything about lease termination. But the lease says that she should start showing before 45 days lease expire. If tenant is default would be responsible for charges and rent lost. I think tenant is at default as she broke the lease and does not have a valid reason.  What documents do i need to get signed on the day she gives keys.
LLinVA

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Posts: 325
Reply with quote  #5 
What does this mean: "But the lease says that she should start showing before 30 days lease expire."? Shouldn't you be the one showing it?

If the lease doesn't specify a termination fee, and assuming there isn't something established by state law, then I guess you can't keep the deposit for that. But I doubt this is the situation because otherwise there would be no point in having any set term on the lease if people can just leave at any time with 30 days' notice. That would just be a month-to-month lease. 

There is nothing to be signed when she gives you the keys. Just record it in your records for future reference. 

I would talk to an attorney. It sounds like something is missing, or at least you need a better lease. Either way, they will be worth the money to keep this from happening again.
sma3har

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Posts: 4
Reply with quote  #6 
I mean that renter should give me permission to put the keybox for showing 45 days before the lease ends. She is not giving me the permission.
LLinVA

Registered:
Posts: 325
Reply with quote  #7 
If it's in the lease or the law, you don't need her permission. If not and she's not allowing it, it will depend on TX law. I personally wouldn't do a key box, I would want to be there to show it to any potential tenants myself. The last thing you want is the current tenant there, or having left it a mess, or the potential tenant has questions, etc. 

By the way, even if she gave a 30-day notice on Feb 13, if she paid for all of March, she gets all of March unless she hands the key over early. Even if she is out, if she paid, it's hers until the end of the month and you have the keys.
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