Our tenants are breaking the lease, now what?

[macraven]

We own property in Nevada. The lease clearly states the lease term of 1 year; beginning August 27th 2000 ending August 31st 2001. Lease also states that $---.00 is due in advance of the first day of each calendar month. However, it does not state that the tenant is responsible for the total amount due over the term of the lease, just that they are responsible for the monthly rent and that the term of the lease is 1 year. I thought that was enough but now I'm not sure if it's enough in this case. Our tenants have given 30 days notice. How do I hold them responsible for the remainder of the lease? I know it involves justice court but what exactly would be my first step? Or will the lease even support me? I would be glad to email a copy of the lease to anyone who could help.

Thank You


[Edited by macraven on 04-03-2001 at 07:56 PM]

 

[LL]

Your lease is probably adequate.

Check NV law regarding enforcement of lease term.

Start looking right away for a new tenant. If you find a new tenant to fill the unexpired portion of their lease, you will collect rent from the new tenants to pay for at least part of what tenants owe. They paid rent for the 30 days notice period, didn't they? Otherwise, file an eviction immediatly. Dont accept the security deposit in place of rent.

Next, the security deposit will cover some rent after they leave and if you haven't found a new tenant.

Finally, you will probably have to go to court to recover whatever is still missing.

 

[macraven]

Tenants breaking lease

LL, thank you for the reply. I have been visiting family for Easter so I am just now able to reply.
Our tenants have paid rent. Do you know where I could find a form stating our intentions of enforcing the lease term and collecting rent until the property is re-rented? Or would a typed letter stating our intentions be sufficient? I will have it notarized and recieve a proof of mailing from the Post Office. Should we retain the services of a lawyer or would be o.k. to represent ourselves? If a lawyer is suggested, what should he/she be charging?
Sorry to be a pest. Thanks