Need Advice On Lease Violation...
Hi All:
I recently rented my condo for one year lease. Two weeks after the tenants moved in they told me that the running commute trains near by bother them and they wanted to terminate the lease. They claim that I should have told them about the trains before they rented. As an aside before they rented the condo they spent half a day checking out the condo and I am sure they have noticed the trains.
I offered them couple of options:
1. They can either pay the rent for duration of the contract which is one year, or
2. I'll help find a replacement and they pay the leasing costs as well as any lost rent
However they simply want to terminate the lease and move on. As I do not see any other option I am planning to take legal action against them.
If any of you have any words of wisdom or suggest any other course of action I would really appreciate your advice.
Thanks,
Kris
I think you've taken the correct approach. I would also send them a letter (certified) with your resolution that states the basic 'take it or leave it'
I always make sure I get back all funds for the newspaper ad and gas and what your hourly time is worth to show the house.
I have no time for people like this - in my experience it is always a money issue when they complain about something so strange.
You answered your own question ....
good choices you have given tenants...
I would most likely do mthe same
Quote:I offered them couple of options:
1. They can either pay the rent for duration of the contract which is one year, or
2. I'll help find a replacement and they pay the leasing costs as well as any lost rentkharikri,
If the language of your lease permits you to enforce option 1, then most landlord-tenant laws require you to mitigate the tenant's "damage" by requiring you to accomplish option 2. It is not either-or.
Been a landlord for a long time. You can be right and still lose. I normally ignore the lease and try to have a conversation to resolve issues. The lease is for the attorneys to make money with and normally aonly helps the tenant. (You can hold them to the lease and still not get any money.) If they stay, they may not pay.
I always say I rather have a tenant that is gone and not paying me than one that stays and does not pay me.
Good Luck.
[addsig]
I agree. I'd terminate the lease and keep the deposit (hopefully your lease allows you keep the deposit on a broken lease). Use the deposit to run an ad for a new tenet.
For me, any day not in court is a good day. Judges tend to view landlords in a disdaining manner.
Hi All:
Thank you all for your advice. I agree that going to courts is more hastle than worth my time and peace of mind.
Meanwhile, my tenants seemed to have cooled down a bit and they want to honor the contract.
Thanks
I am a landlord - my advice is same as GFous above. Make peace with people - and dont be adversarial. If they see you're trying to help them, most folks respond by trying to help you. You'll live longer and sleep better.
Quote:
On 2003-09-29 10:04, kharikri wrote:
Hi All:
Thank you all for your advice. I agree that going to courts is more hastle than worth my time and peace of mind.
Meanwhile, my tenants seemed to have cooled down a bit and they want to honor the contract.
Thanks
Now would be a good time to have a meeting with them and double and triple check that they want to stay. You might say that everyone kind of over-reacted. Do you best to patch up the relationship as they can still cause a lot of problems for you in the future.
Could you not ask them to stay as long as you find the next person to move in?
And keep their deposit of course