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tenant is moving out, breaking lease, refusing to pay current months rent

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tbarton

Junior Member
The tenant renting my house told me she was moving out in 30 days, which breaks the 6 month lease. She has not paid the current months rent, which was due on the 1st, she is still living in the house. When I asked her to pay the rent before she moves, I was told that she had to use that money to rent another place. She expects me to use the security deposit for a portion of the rent and just eat the rest. I do not have a lot of money to 1. pay the rent for her, or 2. take her to court for breaking the lease and non-payment of rent. Basically, she feels that I should let her live in the house rent free untill she can move. What are my options for recovering any money from her.
 


BL

Senior Member
The very important question you removed .

What is the name of your State ( US Law only) ?
 

juber0

Member
In most states you have two options. FIrst recoup the rent from eviction proceedings. What you do is go through the proceedings and get her evicted. Second, go to a second clause hearing and get the rent from her. Request that she be responsible for the lawyers fees.

However, if you wish for her to move even though she has broken the lease, give her several warnings about it. All certified mail. Give her a 3 day notice ( at least in Ohio its 3 days ). When she does move out, sue her in Small Claims (usually its cheaper) for the current months rent plus any rent that would be owed ( eg if she was there for 3 months, she would owe 3 months).

In any method insist on the rent to be paid in full. If she thinks that her security deposit will handle it, tell her that the Security Deposit is just to ensure the apartment is in the same condition it was when she moved in ( or better ).

I cant stress the fact that you MUST send her notices as evidence if you want to take her to small claims. Although, in my state its a 3 day notice, send it certified mail and signed by her and only her.
 

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