What is the name of your state? NC
I am the LL of a townhome in NC in which I rented out to a family back in October. they signed a 1-yr lease and then, at the end of January, told me that they were going to move out b/c (long story) they were going to take over another lease and live off of free rent.
In the lease that we signed, it states that a 'rerent levy' of $900 (one month's rent) will be assessed if they decide to break their lease. It also states that I would need a 60-day written notice (which I have never received). And, even if I did receive the 60-day notice, that would make their lease effective until, at the very least, the beginning of April.
When they left, there were some damages that I took care of, totalling $445. I have been a super gracious LL to them and have tried to identify with their financial situation, but have almost no pity for them or their irresponsibilities, seeing as how every month, they paid me late and I had to hunt them down just to collect.
That said, this is the deal that I made them: (btw, I have another tenant moving in 3/21)
they pay:
$900 early termination fee
50% on damage fees ($265 - i have the receipts)
20 days of pro-rated rent until new lease kicks in ($620)
They wanted to know if they could use their security deposit for the $900 levy and I told them that I would look into it (as in, make sure that's legal to do) and they would pay me the 265 + 620 outright in order to sign the lease termination form and be done with me.
Firstly, in NC, is it legal to use the SD as another form of payment between tenant/LL?
Secondly, they don't (of course) seem to think that I'm playing fair with them, when in all actuality, I feel that I could use the 60-day notice against them, and be able to charge them full rent until 4/1, or that i could charge them 100% of damages, as opposed to the 50% that I was willing to work with them on. my question is, is it legal to charge them all of the costs above? they did put me in a great big bind by moving out so early
Thirdly, what are my options if they don't want to pay? Would I be able to create a blemish on their credit report, or make a case in small claims court or garnish their wages?
thanks in advance! I know it's a lot.
P.S. they never returned their move-in checklist, so I'm pretty sure they're not going to have many rights as far as that's concerned...
I am the LL of a townhome in NC in which I rented out to a family back in October. they signed a 1-yr lease and then, at the end of January, told me that they were going to move out b/c (long story) they were going to take over another lease and live off of free rent.
In the lease that we signed, it states that a 'rerent levy' of $900 (one month's rent) will be assessed if they decide to break their lease. It also states that I would need a 60-day written notice (which I have never received). And, even if I did receive the 60-day notice, that would make their lease effective until, at the very least, the beginning of April.
When they left, there were some damages that I took care of, totalling $445. I have been a super gracious LL to them and have tried to identify with their financial situation, but have almost no pity for them or their irresponsibilities, seeing as how every month, they paid me late and I had to hunt them down just to collect.
That said, this is the deal that I made them: (btw, I have another tenant moving in 3/21)
they pay:
$900 early termination fee
50% on damage fees ($265 - i have the receipts)
20 days of pro-rated rent until new lease kicks in ($620)
They wanted to know if they could use their security deposit for the $900 levy and I told them that I would look into it (as in, make sure that's legal to do) and they would pay me the 265 + 620 outright in order to sign the lease termination form and be done with me.
Firstly, in NC, is it legal to use the SD as another form of payment between tenant/LL?
Secondly, they don't (of course) seem to think that I'm playing fair with them, when in all actuality, I feel that I could use the 60-day notice against them, and be able to charge them full rent until 4/1, or that i could charge them 100% of damages, as opposed to the 50% that I was willing to work with them on. my question is, is it legal to charge them all of the costs above? they did put me in a great big bind by moving out so early
Thirdly, what are my options if they don't want to pay? Would I be able to create a blemish on their credit report, or make a case in small claims court or garnish their wages?
thanks in advance! I know it's a lot.
P.S. they never returned their move-in checklist, so I'm pretty sure they're not going to have many rights as far as that's concerned...