Tenant rights and safety.

What are my rights as a landlord in a situation where a tenant attempts to back-out of their lease?

  • A tenant signed a lease to move in to an apartment of mine on April 1, at the time that the lease was signed they paid their security deposit and 1st months rent. They no are indicating that they don't want to honor the terms of the lease. The tenant had asked to be allowed to repaint the apartment, to which I said no, as I just paid $700 to have the apartment completely repainted by a professional paint crew. The tenant's response is that they don't want to live there if I don't allow them to repaint. I turned down other tenants who wanted to rent said apartment for April 1st as well, so do I have the right to keep the security deposit paid, which is equal to 1 months rent, if the tenant who did sign the lease does indeed back out? The security deposit is the amount that this tenant would have cost me as the landlord if they did back out of the lease, as the apartment would have been rented by other tenants had this individual not signed the lease originally.

  • Answer:

    I'm surprised you don't have something in your lease agreement concerning this. Basically, you turned down other renters because you had money in hand to rent the apartment. Now the original renter is balking. Have they asked for first months rent and or deposit? Without this in your lease agreement, you might have a hard time keeping either, however, since you now may not be able to rent it until May, you should explain this to the renter and withhold at least the deposit. If it gets ugly, cut your losses and give it back, court costs will be more expensive, but put something in your lease agreement from here on out. If the apartment you're renting was a cake, for instance, it's baked, iced and ready to eat. Now they don't want it. You spent time and money making it right. Fix your lease agreement!

thelandl... at Yahoo! Answers Visit the source

Was this solution helpful to you?

Other answers

Yes, you have the right to keep the security deposit if you stipulated that in the lease. What did you put in the second about terminating their lease early? As in, do you require them to pay the remaining rent for the lease term or an extra month? Since they signed the lease the are still legally liable for it even if they didn't move in yet.

Knightro

They should have cried about the paint colors before signing the Lease.Now they have no right to ask for changes. I would keep the Security to cover the lost month you most likely have and keep the other month if it doesn't rent next month.. I say again--they seem to not understand they signed a contract with you and you are in control now.These people sound like they would have been pain in the asses-so be thankful they didn't move in too

Yes, you have the right to keep the security deposit. Your lease agreement should have some stipulation that if the renter tries to back out of the lease then you keep to keep the deposit. If it doesn't you might want to consider adding it.

erin o

Well, you need to re-let the apartment and keep the amount of costs incurred from the deposit. By this I mean that if you get another renter to move in on May 1st, you are out one month's rent. If you cannot get another renter until June 1st, you are out two months rent and you should sue for the extra month's income that you have lost. Also, if you rent it for less than the rate this tenant had agreed to, I would charge them for that as well.

MadMan

In PA once they give you a deposit you do not have to return it even if they never move in.

Classy Granny

Tenants. . .sometimes you wonder what they are thinking. I have had to put everything in my lease and I ask them to initial each page so that they have no excuse that they didn't know. I also have in the lease that if they don't understand any terms in the lease, they should take it to an attorney before they sign it. You should have in your lease what happens if a person does not move in after signing the lease. I would keep everything since they have broken the agreement but what you have in the lease will dictate that. I have releasing fees and well as loss of deposit. I have in the lease that no one may paint or retouch or you name it. Over the years as tenants have done damaging things I have just put it in the lease that it isn't acceptable. Now when they move in, they can't say they didn't understand because they read it and signed it. They know exactly what behavior is acceptable and what isn't, they know what I will do under what circumstances and on and on. Even tho' I do all of that, I still get tenants that want things done after they move in. I keep nice apartments but there is always something and it's pretty much it is what it is and that's why you pay what you pay. Here I have the accleration clause in my lease too but I think that you cannot collect the entire amount of the lease if you rerent the apartment. . .only the loss that they cost you and that's pretty fair. Put in the releasing fee and make it stout. But now just keep track of the advertising costs. . .whatever to release. Tell them when the apartment is rented, you will figure up your loss and settle with them. I wouldn't return anything until it was rented again. I would find out what laws apply whereever you are tho and I wouldn't make any oral agreements. Get it in writing from them. I would ask them first for that and then inform them in writing that they are responsible for the entire amount of the lease and those charges but will lower it by any amount recovered with rental minus expenses. You don't owe them anything. For some reasons people think that landlords have an endless supply of money and don't realize that it is our income they are messing with. All things mailed should be return receipt so you have proof and keep a file on them forever. Good luck.

towanda

Your rights are to tell them no and let the move in. They have no grounds to "quit" the lease. I think it is best to let them out. Who wants an unhappy tenant at the beginning of lease term? Offer deposit back for sure and maybe 50% of first month's rent. Argue that you have to readvertise and your place will be unoccupied for a while. Alternative is to let them repaint but require them to repaint original colors when they leave or increase deposit so you can repaint when they leave. Or let them repaint if they lengthen length of lease. Would it be worth your while if they comitted to a longer lease?

David Z

Find solution

For every problem there is a solution! Proved by Solucija.

  • Got an issue and looking for advice?

  • Ask Solucija to search every corner of the Web for help.

  • Get workable solutions and helpful tips in a moment.

Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.