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    kcallanan's Avatar
    kcallanan Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 18, 2012, 08:39 AM
    A tenant has broken the lease agreement what can I do
    My tenant signed a lease for a year. And had moved out before the year is up. What can I do to get my monies back or at least put them on some sort of list so they won't do this to the next person they rent from? Also, where should I check before I lease a property to someone to see if they have a good history with past landlords?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #2

    Sep 18, 2012, 08:59 AM
    Sue them in small claims court... Also request references.. and run a credit check on them when they apply, hopefully other landlords have reported when they were late... and that is something you should do as well. As it will flag them to future landlords who do run those checks.
    momknowsbest's Avatar
    momknowsbest Posts: 21, Reputation: 1
    New Member
     
    #3

    Sep 20, 2012, 12:42 AM
    In California, you are obligated to try to rent the space asap and then you can only sue them for the amount of time the place was vacant. So, if you have a one year lease and they move out after eight months, you have to try to rent it, if you do rent it after two months then you can only sue them for the two months that it was vacant. Small claims courts here try to create win win situations i.e. they split the difference ! Really, it's not worth it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Sep 20, 2012, 02:54 AM
    Welcome to becoming a landlord, Depending on many factors, and if this is a higher value rental or a low income rental, the amount of skips will differ.

    You have to be ready for someone to have skip out, leaving holes in walls, carpet ruined, all of the appliances stolen. Have that happen to me more than once.

    Worst are the ones who know how to cheat the system and will not pay rent and find ways to get the eviction extended several times and get to stay a few months

    There is no list, you have to ask for references of past rentals, check credit reports and still pray you make the right choice. You need to get all the proper forms and if they are one day late, serve notices so you protect your legal rights.

    It sounds like you may not even have proper forms preprinted to use, and most likely have not sat down with an attorney to discuss legal rights and duties.

    But to get your money, you sue and hope and pray they will pay you when you win, if they don't pay, you get a judgement and have to try and collect. Since your application should show where they work, their bank account numbers, it may be easier to collect.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Sep 20, 2012, 03:10 AM
    What about the security deposit? You can withhold that deposit to pay for unpaid rent as long as you do it within the time frame required by local law.

    You might want to consider joining a local landlord's association. Membership in such an organization can include lists of deadbeat renters, the ability to do credit checks, advice on lease, etc.

    In most places you do have an obligation to try and rent the place ASAP. So they will only owe rental until a new tenant takes over. Then you can sue for any unpaid rent and damages not covered by the security deposit.

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