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rakling · Feb 3, 2011, 08:42 PM

Tenant owed landlord $255 in late fees. Tenant paid them but the landlord wants the tenant out anyway. The landlord has accepted the rent each month. The tenant has agreed to leave at the end of the month (since he paid the rent for the month). Can the landlord sue the tenant for breaking the lease even though the rent & other fees are paid in full?

smoothy · Feb 3, 2011, 08:58 PM

Repeated lateness is a breach of the lease terms even IF they are eventually paid. Exactly what would the landlord be sueing for? Cleaning fees? Repainting costs? Its going to be hard for them do toss them out and then sue for lost rent until he finds another tennent. But not impossible depending on exactly how late it was and how often it was late. I assume a pay or quit notice was served?

rakling · Feb 3, 2011, 09:01 PM

The landlord will attempt to keep the security deposit.

smoothy · Feb 4, 2011, 05:47 AM

They might get you for damages... or fees he will incur prepping the unit to re-rent again assuming this occurs in the first year of the lease (after the first year its considered normal wear and tear and landlord bites the costs). Otherwise they have to return the security deposit. What state did this occur in. Landlord-tennant laws vary state by state.

excon · Feb 4, 2011, 06:11 AM

Originally Posted by rakling

but the landlord wants the tenant out anyway. Can the landlord sue the tenant for breaking the lease even though the rent & other fees are paid in full?

Hello r:

The landlord can't have it both ways. He either wants the tenant out or he wants him to obey his lease. He can't encourage his departure and sue him for not staying...

The tenant needs to get his agreement in writing... A good time to do that would be the walkthrough. The final agreement should include BOTH parties agreement to end the lease, who owes who exactly what, and why, and a note that the agreement is in final accord and satisfaction of the interests of the parties...

excon