[glckgc]

Want to terminate lease

[J_9]

Please provide more info for the experts.

What is the location? Laws vary by locality.

What was their reason for backing out?

[glckgc]

Please provide more info for the experts.

What is the location? Laws vary by locality.

What was their reason for backing out?

I am in Mississippi. They told us they would beable to move in Jan 1 and we had the leased signed. They paid 1/2 the deposit and said they would pay the rest when they moved in Jan. 1 They then told us he couldn't leave then and it would be Jan 15 so I told them to pay 1/2 month rent and the rest the security deposit by jan 15 they did not do this so I am terminating the lease. Now they are saying feb 1 or the 10. I can't wait that long

[Fr_Chuck]

So do just break it if they have not paid according to the written lease. That is your right

[ScottGem]

The fact that they are military only has bearing if they are being deployed somewhere else or moving into the area. Otherwise they are subject to the same rules as any tenant.

If they signed the lease stating a 1/1 move in and paid at least part of the security deposit, then they are obligated under the lease. You, however, cannot just terminate the lease. That they did not move in is immaterial at this point. The lease was signed, therefore they were obligated to pay the rent for Jan. Since they have not paid the January rent, you give them a 3 day pay or quit notice. If they don't pay what they owe, then you file for an eviction order to recover possession. But as long as they have a signed lease, they have possession of the unit even if they haven't moved in.