Nightmare Tenant, help please

[michaerlscai]

*** Here is my situation ****

I have a house for rent in Arizona, last week tenants told me they are moving to California after only 3 months on a 12 months lease because the husband had found a job in CA. They have a couple friend who they wanted me to move in to take over their lease. After checking their background, I told the new couple and the current tenants it's OK to do the transfer in email and verbally.

I reminded tenant they still need to pay rent for May which is due on the 5th. Tenant told me they will pay the rent last Friday, when that didn't happen I sent an email remind them to pay, or I cannot do the lease transfer, and they will still owe me the remaining 9 months rent.

Upon reading that email, the husband, who I never talk to, called me and went ballistic over the phone, he screamed and yelled at me for 5 minutes and at one point shouted he will 'sit on your chest and beat the **** out of you'.

I said if he act this way, I can't do the lease transfer, tenant said I cannot withdraw my offer because I have already consented verbally and in an email.

Of course after that tenant still didn't pay rent for May and said it won't be paid until next Friday when the husband gets paid. To which I gave consent just to be flexible.

*** may questions are ***

1) What do I do if tenant still don't pay after next Friday? rent is due today. Seems no point of doing Eviction, because they are moving out this month. The lease states they cannot use deposit as last month rent, because it may not be enough minus cleaning deductions, etc.

Must I transfer the lease to the new couple now, especially after the husband had behaved to me in a gansgter style? But I already given them verbal and email consent, the new couple supposedly already gave their landlord 30 day notice. Am I now obligated to transfer the new couple now? We have not signed any lease or taken any deposit from the new couple.

3) I have to spend a lot of time to deal this whole thing after just three months them on the lease, can I charge extra from their deductible? the lease didn't explicitly say there is charge for paper works for a lease transfer.

4) If the husband continue to use verbally abusive language towards me, or make physical threats, what can I do? I was very stressed out yesterday and had insomnia last night from the phone harassment.


Appreciate all the help!

 

[FarmerJ]

If you do not get the rent on Monday by all means start your states process to evict the current tenant for non payment . AS far as this other replacement tenant goes I would say if you have a huge mess and if they move in with out your consent its going to be a huge pain to get them out. check on this house every dang day and if you find the house empty I guess you should talk to a attorney about your risk and how to best establish that the unit is abandoned and about changing the locks say if you found it empty on Tuesday. Changing the locks if its abandoned would prevent you from having someone you know nothing of and have NO information on moving in with out a lease and then making you use the system to get rid of them while they save up cash to live elsewhere.

 

[michaerlscai]

If you do not get the rent on Monday by all means start your states process to evict the current tenant for non payment . AS far as this other replacement tenant goes I would say if you have a huge mess and if they move in with out your consent its going to be a huge pain to get them out. check on this house every dang day and if you find the house empty I guess you should talk to a attorney about your risk and how to best establish that the unit is abandoned and about changing the locks say if you found it empty on Tuesday. Changing the locks if its abandoned would prevent you from having someone you know nothing of and have NO information on moving in with out a lease and then making you use the system to get rid of them while they save up cash to live elsewhere.

We were supposed to sign a new 12-months lease with the new tenants, instead of transfer the current lease directly. So hopefully the new tenants don't move in without my consent, I will be really shocked if they did.

 

[FarmerJ]

If your states laws allow you to collect unpaid rents from deposit funds then make sure you do a final deposit disposition sent via certified mail with in time lines your state allows if you must to the last known address you have for them Stop using EMAIL your going to need on paper trails to prove what ever you do so by the time the mail comes on Monday , if you do not have full payment from the current tenant ( p uts one bullet into chamber spins points finger gun to head ) Ill bet the current tenant is gonna just stiff you for may rent. BUT start your states process for getting someone out for non payment anyway. Document any and all damage with pics. if you find that rental unit empty take pics too. If your lucky and there is not much more than re cleaning the whole place then take pics after its clean too. If you are able to get the new tenant in with in a few days after the others move then no double dip.