[olivestone]

My tenants signed a 2-year lease with a security deposit equal to 2-month's rent. At the end of only 10 months, they informed me in writing of their intention to vacate in 2 months at the end of the first year; and will not be paying any more rent.

How can I collect the balance of the 14 months rent of the 24-month lease?

[smoothy]

Sue them for it.(Edited- For what you actually have a loss on after the eviction)... and I would file for eviction the day the rent becomes late... keep that notice for court, it will help you win.

[LisaB4657]

You can't sue them for rent that is due in the future. Depending on your state law you may have to attempt to re-rent the property. Once there is a new tenant you can sue the former tenant for the rent you lost until a new tenant moved in.

Some states, particularly Florida, do not require that you look for a new tenant. Tell us where you are and we can tell you what law applies.

[ScottGem]

As noted, you can keep the deposit to apply towards unpaid rent. But generally you have to make a good faith effort to rent the property. Once you have rented it, you can then file suit against the former tenants for any rent lost.

[Fr_Chuck]

With the exception of a few states, ( FL comes to mind) you have to try to rent this out. Once you rent it out, they no longer owe you anything. So try and get it rented to someone else.

If they gave you a two month notice to move, during that two months you list it.

They owe for the time it remains empty.

[olivestone]

Ca

[olivestone]

You can't sue them for rent that is due in the future. Depending on your state law you may have to attempt to re-rent the property. Once there is a new tenant you can sue the former tenant for the rent you lost until a new tenant moved in.

Some states, particularly Florida, do not require that you look for a new tenant. Tell us where you are and we can tell you what law applies.

In CA the owner must mitigate the tenants liability.

[LisaB4657]

In California you have to try to re-rent the property to someone new. Once you get a new tenant you can sue the prior tenant for those months that you did not receive any rent.

You are entitled to retain the security deposit to apply to any damages first, and then rent. But you have to send the tenant a written notice within the time required by law explaining how the security deposit is being used. In California that time is 21 days from the date the tenant moves out and returns the keys.

[smoothy]

olivestone (Today 03:28 PM): By using a Notice to Pay or Quit, Owner/Agent declares the FORFEITURE of the Rental/Lease Agreement Source:http://www.rentalsinsf.com/ThreeDayToPayRentNotice.pdf

That was rather rude as well as completely wrong... at what point did I say pay or quit? I said EVICT which is in line with what everyone else stated and is correct and is NOT the same thing.

[ScottGem]

By using a Notice to Pay or Quit, Owner/Agent declares the FORFEITURE of the Rental/Lease Agreement

In your rating of smoothy's answer you gave the reason shown above. But the forfeiture of the lease, does not mean that all funds are due and payable. In another response you posted:

In CA the owner must mitigate the tenants liability.

This is correct and is consistent with Smoothy's answer as well as everyone else's. I think you owe him an apology for giving his answer a negative rating.

[olivestone]

That was rather rude as well as completely wrong ......at what point did I say pay or quit? I said EVICT which is in line with what everyone else stated and is correct and is NOT the same thing.

In CA (probably everywhere else, too) you MUST first serve a tenant with a 3- or 30-day Notice to Pay or Quit, prior to serving the tenant with an Unlawful Detainer, which is required in order to proceed in court with a lawful eviction.

Therefore, when you said EVICT, it was implied that a Pay or Quit Notice should be served, and thus nullifying the lease, and any contractual right to unpaid rent after the property is vacant.

Everyone else's qualified and good advice stated that the tenant can be sued after the property is vacated for any unpaid rent, provided the liability is mitigated (except in FL).

How is it rude for me to disagree with your unqualified and wrong advice?!?

[ScottGem]

In CA (probably everywhere else, too) you MUST first serve a tenant with a 3- or 30-day Notice to Pay or Quit, prior to serving the tenant with an Unlawful Detainer, which is required in order to proceed in court with a lawful eviction.

Therefore, when you said EVICT, it was implied that a Pay or Quit Notice should be served, and thus nullifying the lease, and any contractual right to unpaid rent after the property is vacant.

Everyone else's qualified and good advice stated that the tenant can be sued after the property is vacated for any unpaid rent, provided the liability is mitigated (except in FL).

How is it rude for me to disagree with your unqualified and wrong advice?!?

You asked how to collect on the balance of the lease. Smoothy's answer was to sue them. He went on to advise you to file for eviction the day they become late.He meant start the process, though I can see how you might have misread that.

I don't see his advice as either unqualified or wrong. And I still think you owe him an apology for misreading it. But that is the last word I will allow on the subject.

[Fr_Chuck]

This thread is closed, the OP just wants to argue, against proper advice and acts like they know more than actual attorney and real estate professionals. So let them take their own advice.