ANSWERS: 3
  • As the old sayings state: "You can't get blood from a turnip." AND "You can't get blood from a stone." You have the last month's rent AND a month for the security deposit. In all honesty: What more do you want? You were paid June's rent already, weren't you? According the statement made as part of your Q, you have July's rent in-hand. AND you have the "security deposit" - which really isn't supposed to be used for any month's rent. As far as money is concerned, you don't have much of a chance to get any more money. The best suggestion I can offer: Send letters - the same one, just duplicate or copy it - ("snail mail" - first class and certified mail as well as an e-mail) stating what happened and the position and actions you decided to take. Tell your former tenant he/she is in violation of the lease and you are keeping July's rent and the "security deposit". Inform the tenant you will do your best to get the property rented as soon as possible, but everything is based on a satisfacotry inspection and passing of the propery. If there are repairs which have to be made, they will be deducted from the tenant's security deposit. (At least that's te way it works in Pennsylvania). Ask fopr a forwardin g address and contact information. You might get the letter and e-mail returned to you, BUT you'll go on record for the position you are taking at this time. Thanks for asking your Q! I enjoyed answering it! VTY, Ron Berue Yes, that is my real last name! Sources: My wonderful family! My terrific mentors and coaches! In the real estate business over 34 years in Pennsylvania. THE ABSOLUTE BEST, MOST WONDERFUL real estate investment group in the world, which I was very proud to be a member of! “The University of Hard Knocks” Your Q was sent to me.
  • You may collect three months rent which is usually the time given to find a new tenant if one that can satisfy the terms is not provided by the lease breaker. The security deposit remains in place and goes towards the three months. Locks may be changed on a date not covered by final payment. Damages must be mitigated and you are not entitled to the full term.
  • I would suggest that you start with either contacting your Attorney OR check for a local LANDLORD/TENANT HOTLINE...(which is usually accurate for local laws and free!) I would not yet change the locks. My understanding (which can vary from State to State!) is that you had a lease that expires in August...Your written agreement SHOULD also address termination of the lease...weather it's "early" or at the expiration date. If it does not...then according to your State or local laws...you may or may not be in a good position to consider legal action. Usually, a Judge will award the Landlord funds to cover either until the lease would have expired, or until the property was rented again UP TO the date the lease would have expired... If you had a standard 30-day notification clause, then you might well get the remaining 30 days added on. It is possible that your State DENIES YOU the right to apply the deposit to cover lost rent...(hence your need to double check the laws for YOUR STATE!) Assuming the Tenant has a job...earns a paycheck...you can collect whatever the court awards you. You would do this by getting the Judgment to start. Then you can request a Statement of Assets...the Judge would order the Tenant to write down and expose their finances...so that they can set a payment schedule up... If they HAVE more than enough money available so as not to cause them a hardship...you can put in to have a Marchall "scoop" their account (which you initially pay about $85.00 for, then they tack it on to the court costs to be paid for by the Tenant and should reimburse you for). You can also have their paycheck garnished... Find out your local laws first...good luck.

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy