Tenant requests to have unit re-rented asap. Tenant gets upset, changes plan.

[PixelRogue]

What is the name of your state (only U.S. law)? PA



Situation

Handwritten note from the tenant ~ �I realize my lease is until June 1st, 2014. Please accept this letter as my 60 day written notice. If you are able to rent the apartment sooner, that would be a great help for me.� To add a little extra context, tenant made a number of unauthorized �modifications� were made to the the apartment, with promises to restore to original condition prior to exiting.

Prospective candidate located quickly, deposit accepted. In the mean time, tenant later got upset realizing the lease contained an early termination fee. Tenant stopped cooperating and statied the apartment would not be restored to original condition. Tenant also changed their mind stating in email they will stay through to the end of the lease, deduct whatever from the security deposit to restore the apartment back (security deposit won�t cover repairs btw - which is a different matter). Tenant also made threats of future damage to condition of the building and apartment.

So, on the one hand I have a tenant who asked to have the apartment re-rented as soon as possible, yet changed their mind to stay through the end of the lease. On the other hand, I have accepted a deposit for the apartment where I need to go back to the tenant (refund money which is fine), and tell the prospective new tenant the date has been pushed out by a minimum of 2 months� and that is not how I do business. No second lease was signed because we couldn�t get a defined departure date.


� Since I have the handwritten note requesting an immediate re-rental, I�d like to move the current tenant out asap. If it goes to court, the process will take just as long to get to court and extend into longer periods.

� I feel bad for the prospective tenant, and have a vacancy one block away we could use in the interim. The news of the change in date could put the prospective tenant in a bad place (i.e. gave notice to vacate current apartment). Additional liabilities may exist.



What are your thoughts?

 

[Gail in Georgia]

"My" thoughts are if you located a new tenant and their lease began before the current tenants lease ends, the original tenant owes you nothing in terms of an "early lease termination fee". You cannot collect two rents for the same time period which is what you would essentially be doing by collecting both an early lease termination fee AND rent from two different tenants.

You've got a second available vacancy? Great. Move the new applicant into that one.

You have no legal justification at this time to take the current tenant to court for anything. I'm assuming they're still paying their rent and whatever "threats" they've made will mean nothing in a court of law.

Gail

 

[PixelRogue]

"My" thoughts are if you located a new tenant and their lease began before the current tenants lease ends, the original tenant owes you nothing in terms of an "early lease termination fee". You cannot collect two rents for the same time period which is what you would essentially be doing by collecting both an early lease termination fee AND rent from two different tenants.

You've got a second available vacancy? Great. Move the new applicant into that one.

You have no legal justification at this time to take the current tenant to court for anything. I'm assuming they're still paying their rent and whatever "threats" they've made will mean nothing in a court of law.

Gail

Few clarifications:

• Located a 'potential' tenant; deposit no lease.

• Tenant is currently in default as they have not paid April's rent. Lease expires May 31st.

• No intention of collecting double rent. With no new signed lease, statement to tenant was the last month rent remains reserved for May. Once we have a signed lease, we re-evaluate. Without a signed lease, could easily fall through - so last month rent remains reserved.

• Assumption made above would be collection of termination fee from current tenant, and rent from new tenant. (not termination + rent from current tenant + rent from new tenant) ~ maybe I didn't follow the comment.

 

[Gail in Georgia]

"• Located a 'potential' tenant; deposit no lease. "

What the "frigging fart" does this mean; you collect deposits without leases?? You're the one who posted this "potential" tenant has already given notice to vacate THEIR apartment. Obviously the only one who hasn't decided they're an actual tenant is, well, you.

"• Tenant is currently in default as they have not paid April's rent. Lease expires May 31st."

So decide whether it's worth your time and money to file for an eviction on your current tenant. This would likely be a dumb move since it takes time to go through the process, meanwhile you're out rent, you still need funds to restore the unit back to whatever your current tenant did to it and you've got what you describe as a "potential" tenant waiting in the wings with no idea where they are going to live.

• No intention of collecting double rent. With no new signed lease, statement to tenant was the last month rent remains reserved for May. Once we have a signed lease, we re-evaluate. Without a signed lease, could easily fall through - so last month rent remains reserved.


So....do you want to begin the process of evicting the current tenant due to failure to pay April rent or do you want to perhaps work with ALL involved by:

1. Encouraging the current tenant to pay Aprils rents to avoid the eviction process which will show up on their credit history, continue their current tenancy until the normal lease expiration with the understanding that they restore the apartment to the original condition prior to exiting as they previously promised.

2. Provide your "potential" tenant (whom, it appears, has no idea they are in the "potential" category) with a signed lease on your other vacancy so they at least have a place to lay their head for the next couple of months with the understanding that when the original unit becomes available, they have the option of moving there.

Gail