Ask Me Help Desk - Can I void this lease?

I have renters who signed an agreement with us in December. Their rent is due the 20th of each month, after the 5th day he is assessed a late fee of $50 and $10 after that until the fees are paid. He has been late 4 times and has paid no late fees as of yet. It's pretty cut and dry there, I know in the end I can just take that money out of his deposit. Now, he also was supposed to pay us a $300 pet deposit, per the lease, which he never did. Can I use this as a way to void our lease? We technically only have until the 20th of this month (thankfully we did not do a year lease with this guy), but I have a buyer now and want to get the house sold now. Just wondering if I can use the fact that he never paid our pet deposit or any late fees, even after we verbally asked him for it and it stipulates it in our lease.

Thanks in advance for any advice!

Yotejas!

Quote:

Originally Posted by yotejas

I have renters who signed an agreement with us in December. Their rent is due the 20th of each month, after the 5th day he is assessed a late fee of $50 and $10 after that until the fees are paid. He has been late 4 times and has paid no late fees as of yet. It's pretty cut and dry there, I know in the end I can just take that money out of his deposit. Now, he also was supposed to pay us a $300 pet deposit, per the lease, which he never did. Can I use this as a way to void our lease? We technically only have until the 20th of this month (thankfully we did not do a year lease with this guy), but I have a buyer now and want to get the house sold now. Just wondering if I can use the fact that he never paid our pet deposit or any late fees, even after we verbally asked him for it and it stipulates it in our lease.

Thanks in advance for any advice!

Yotejas!

Ok, I just read an answer to a question on this forum regarding the renter paying late and that voids the lease agreement. That being said, it would appear that our lease is technically voided and I can start showing it now AND do not have to wait until the 20th, the day he is supposed to have earnest money if he wants to buy the house. Am I reading that correctly?

I should probably expand on the earnest money deal. When we rented the house in Dec. (so we could get into our new house), we have it in the agreement that he has until June 20th to either pay us 4k as earnest $$ to buy the house and we go month to month for six months and he has to purchase or get out and lose his earnest $$ at the end of that time, or on June 21st we can start showing the house and he has to let the lock box go on the door and show the house. If the lease is void now because he has been late so often, none of that applies, right? Technically we don't have to wait until then and can sell the house now and he has to get out?

Sorry for so many posts, we never wanted to lease but were in between a rock and a hard place at the time and had to. Now I just want my house SOLD and might possibly sell it to a 'well by houses' place just to get rid of it (as long as they don't go too low on the offer). I have no idea how those places work, if anybody has any insight as to how they generally make offers (percentage of home price, etc.) that would be appreciated. Our house is a $250,000 4 bed 3 1/2 bath house, 2850 sq. feet in TX. We are listing it for $243000, and figure if they (we Fast Property Solutions), offers us $215000 or there abouts, it's sold!

Thanks!

Yotejas!

Ok, I wouldn't say the lease is void, but I would say that he is in breach of the contract. The bottomline here is that you can start showing the house. But before you do, send him a letter or had deliver it stating that since he has not lived up to his part of the contract, you declaring that he is in breach of the contract. Towards that end you are going to begin showing the house to prospective buyers on x date.

You MUST inform him first that you are declaring the contract void.

Quote:

Originally Posted by ScottGem

Ok, I wouldn't say the lease is void, but I would say that he is in breach of the contract. The bottomline here is that you can start showing the house. But before you do, send him a letter or had deliver it stating that since he has not lived up to his part of the contract, you declaring that he is in breach of the contract. Towards that end you are going to begin showing the house to prospective buyers on x date.

You MUST inform him first that you are declaring the contract void.

Exactly and I think he must also be evicted on the grounds of breaking the lease/contract.

You stated that you know you can take the late charges out of the security deposit - that is not true in all States. In some States rent is rent and security is held for damages. You can get a Judgment against a tenant for unpaid rent and still have to return that person's security deposit if there are no damages.