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truong81 · Apr 5, 2007, 06:27 PM

The lease for my townhouse was for 1 year. The tenant has decided she wants to move out and break her lease agreement (with 6months to go). She gave me the 30 days noticed ( on March 5 along with the rent check for March that bounced). I am suppose to meet with her tomorrow to do an ‘exit walk’ however, I have a feeling she will not show up. In that case, will I be able to take back the house?

ballengerb1 · Apr 5, 2007, 06:36 PM

Only if she has vacated/abandoned the property. I may be cynical but I think she's a rabbit. You'll have a heck of a time tracking her down and collecting the lost rent and ad expense she should owe you. By the way, the 30 day notice is smoke, it applies to month-to-month renters, not a one year lease. Did you get your keyes? Chasnge the locks in any case, I have several spare locksets and I just recycle them when a tenant leaves.

truong81 · Apr 5, 2007, 07:08 PM

She said she has already moved out and I went by the townhouse last week and peeked into the window and all the stuff is gone. I do have a set of keys. I'm not sure if I should go to court and get some sort of judge order before going into the house myself.

So, I was under the impression that if both parties agree to the termination then it is valid even if it was a year lease or month to month?

Fr_Chuck · Apr 5, 2007, 07:49 PM

If she gave "notice" and her things are gone you can take possessoin and try to rent it out, she will be liable to pay the rent till you re-rent it.

After you have it rented and know all of her debts, then you can go to court and get a judgement against her for what she owes

excon · Apr 6, 2007, 06:45 AM

Originally Posted by truong81

So, I was under the impression that if both parties agree to the termination then it is valid even if it was a year lease or month to month?

Hello truong:

You got GOOD answers. So, I'm going to take a different tact.

I suggest that running a business on your "impressions" isn't a good idea. A better idea would be to learn the rules. You wouldn't play poker without knowing the rules, would you?

excon

PS> You can read the rules for your state at the top of this forum in a "sticky" note created by our great moderator, Rick.

Fr_Chuck · Apr 6, 2007, 08:38 AM

Well yes, if you want to give up all your rights and money that she owes you, that is your right, and you can let her out of her lease if you want to, but that sort of defeats the purpose of having a lease. A lease is to protect your rights, if you are just going to let them move out with a 30 day notice, just rent month to month, that way you have better rights to get rid of them if you want to.

I can't understand esp after getting a bad check you would want to be out your rent until you rent it again, But that is your right

ballengerb1 · Apr 6, 2007, 09:21 AM

Yes, your impression is correct, both p[artoies can agree to vacate the lease. excon abd Fr-Chuck are right. If you stay in the leasing business you need to learn the law. Legally she owe you any lost rent until you re-rent plus advertising or any other expense involved to re-renting plus the $500 bounced check. To be honest, I'd file a police complaint, hanging paper is illegal and you need a record of it in case you go to court later.