breach of rental contract - Posted by john fowler

Posted by Marc Donovan on September 03, 2002 at 21:52:52:

I’m not an attorney, but if a contract does not spell out the penalty for breach by a party, then the party is liable for all damages from his breach. That means they must pay the rent until some other tenant acceptable to you agrees to take their place.

In the real world, (at least mine anyway). I won’t get spit from the old tenant. So I threaten and cajole. But I usually wind up with a big mess and a vacancy.

Your lease terms are up to you to enforce/determine, etc.

breach of rental contract - Posted by john fowler

Posted by john fowler on September 02, 2002 at 09:18:36:

I have a tenant who has been leasing a house for approx 4 months on a 1 year lease who has been informed by his employer that he is being transferred to another location. The tenant wants to know what he can do to get out of the lease. The contract does not specifically say what the ramifications of breaking the lease are. Any suggestions on what can be done? Thank you,

Re: breach of rental contract - Posted by michaela-ATL

Posted by michaela-ATL on September 04, 2002 at 07:34:51:

i think this is one of those situations, where, yes, it’s business and ‘potential lost income’ etc, it would be good to also look at the other person’s side.
i was in that situation in '86. i was being transfered from houston to atlanta and the apartment complex wanted 3k for me to buy myself out of the lease. my company wouldn’t pay for it. i didn’t have it. what were my choices: refuse the transfer or walk out and let it go to my credit. i chose to get it on my credit and moved to atlanta. basically, if your tenant is being transfered he’s between a rock and a hard place.
you push for too much and you may not get anything. so, maybe in the situation of a job transfer you may want to ask to get a letter from his employere, confirming, that he’s really being transfered. as him for 1 month and the security deposit, if he finds you another tenant or maybe even just keeping the security deposit, if he helps you getting another tenant right away. i just think, that a job transfer is different from someone just walking out of the lease.
just my thoughts

Re: breach of rental contract - Posted by JHyre in Ohio

Posted by JHyre in Ohio on September 02, 2002 at 13:11:19:

If the tenant signed a one-year agreement, he’s on the hook for one year. You do have an obligation to mitigate in most states, that is, rent it out ASAP. I’d get what you can in exchange for a release, per JohnM’s post.

John Hyre

And… - Posted by Tony-VA

Posted by Tony-VA on September 02, 2002 at 11:33:51:

get a better written lease agreement for future tenants to sign. It should eliminate these types of questions for you (the landlord), the tenant, and the court.

Re: breach of rental contract - Posted by John Merchant

Posted by John Merchant on September 02, 2002 at 10:26:22:

Best thing you can do is have the tenant buy out his lease, or trade you something for a release of it.

In all likelihood, once he’s moved, he’s going to terminate his rent, so you might as well plan for it and get whatever you can from him while he’s motivated to deal with it.

I’d just explain to him that he has a legal obligation and you’d sure like to be able to give him a high recommendation for his new landlord in his new location, but no way you can do that if he just walks out owing you 7 or 8 months payments.

If all else fails see if he’d give you a promissory note, maybe for 2 or 3 years, easy terms (maybe secured by a 2d on his car); it’d be better than nothing or a lawsuit/judgment that you’d never collect.

breach of rental contract - Posted by MELVIN MARUTHA

Posted by MELVIN MARUTHA on August 20, 2004 at 05:51:20: