Tenant breaks lease terms

[amyover]

What is the name of your state? Georgia

My current tenant has been consistently late with the rent and has now informed me that he will be moving out much earlier than the end of his lease with me. He has no intention of paying an early termination fee and expects to get his deposit back. How can I enforce his lease agreement with me?

 

[FarmerJ]

by making plans on taking tenant to court for the number of days difference it takes you to re rent the unit . if it takes 5 weeks to re rent the unit then when you file in small claims court you need to ask for 5 weeks of rent plus court cost and do make effort to re rent the unit other wise the tenant can claim your refusing to try to reduce the damage ( you cannot just let the unit sit for the next 5 months with no effort to re rent it .)

 

[amyover]

RE: Tenant breaks lease

Thank you Farmer J. I did take immediate action in posting a rental ad on line, as well as putting up For Rent signs at the townhome. In addition to trying to get it Re-rented as soon as possible, I am only concerned with collecting what I am due--no more or no less. I just don't know how I will be able to track down current tenant to serve magistrate court papers to. I'm certain he won't leave a forwarding address, although I do have signed agreement and copy of drivers license and SSN. In PA you can have someone's drivers license revoked for non-payment of judgement against them. However, GA does not have the same stipulation.

 

[FarmerJ]

Once you have a judgment then speak with a judgment enforcer or bill collector about collection as far as the tenant goes the postal carrier should be able to tell you if there is a new address on file a few days after they have moved out . and since he wants his deposit back insist on getting a new mailing address from him .

 

[franklin2003]

Yes you have to con the tenant into believing he will get back his security deposit but you must mail it to him, so you need his new address.

 

[amyover]

I had that same thought for trying to obain his forwarding address. I'm not yhat concerned about the deposit, b/c only half is returnable, which comes to $250. But, I think he really knows I won't be returning it. He has already changed his cell phone number, so the only way to reach him is on the phone at the townhouse, so once he does move, it will be disconnected, and I will have no way to track him down. I will check with the postmast Farmer J, for any forwarding address. I was just hoping for a sure way to make him pay up as quickly as possible. I want to be rid of him, but I also want/need to collect everything he owes.