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    Filly11's Avatar
    Filly11 Posts: 3, Reputation: 1
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    #1

    Jan 31, 2011, 12:11 PM
    I'm a homeowner and have two tenants/roomates about to break lease, recourse?
    I bought a house last spring with the intention of having roommates for awhile. I have two roommates who signed year lease agreements and have four months left each. I am in Texas BTW. Last month they tried to give me one months written notice claiming they were allowed out as long as they gave notice, which is obviously not true. They did this separately claiming they didn't know the other was wanting to move out. I found out they are planning to rent a house together, and I'm pretty sure they now have a lease somewhere else and are sneakily packing things up. I expect them and their belongings to disappear sometime this week while I'm at work. What are my options?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 31, 2011, 12:19 PM
    Quote Originally Posted by Filly11 View Post
    What are my options?
    Hello F:

    You can sue them for the balance of their lease... However, the law requires that you "mitigate" their loss. That means you have to attempt to re rent the rooms asap. If you are successful, then you can sue them for the time you DIDN'T get rent from them, until the time you got rent from the new tenants.

    excon
    Filly11's Avatar
    Filly11 Posts: 3, Reputation: 1
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    #3

    Jan 31, 2011, 12:35 PM
    Thanks Ex. By the way it is in the lease that the only way to get out early is if I sign off on it, and I told them I would if they found someone to replace them, and I am looking for replacements as well. But nobody has been found. Not easy because most people who might be interested are in leases themselves. I do want them out, but need the rent/bill payments. They are bad tenants who do what they wish without regard for anyone but complain about everything, usually just for the sake of complaining or things that are their own fault. Have to fight tooth and nail just to get rent/utility payments despite the fact that they can afford it easily. They just like to make things difficult for some reason.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jan 31, 2011, 12:43 PM

    Hello again, f:

    Yup. The landlord business ain't easy.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 31, 2011, 01:31 PM
    Quote Originally Posted by Filly11 View Post
    ... I found out they are planning to rent a house together, and I'm pretty sure they now have a lease somewhere else and are sneakily packing things up. ...
    You are going to want to know where they are moving to, in case you decide to sue them for the balance of the lease payments. Is there a deposit involved?
    Filly11's Avatar
    Filly11 Posts: 3, Reputation: 1
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    #6

    Jan 31, 2011, 02:42 PM
    Comment on AK lawyer's post
    Ok, hopefully I can find out. No deposits.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Jan 31, 2011, 03:08 PM
    Quote Originally Posted by Filly11 View Post
    Ok, hopefully I can find out. No deposits.
    Hello again, f:

    First mistake of a rookie landlord - NO deposit. Second - NO application listing bank accounts and references.

    excon
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