Tenant has 8 months left on lease. He texted a 30 day notice that he was moving out mid May. I accepted it but informed him that rent had to be paid until another renter was found and as stated in the lease he had to have the home clean and the lawn mowed. He’s been arguing over it and says he won’t even pay for the full month of May nor will he have the yard mowed. Today he texted that he was retracting his notice and was staying. Do I legally have to accept his retraction? I now just want him gone and don’t even care about any rent as long as he pays for May.
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Tenant with lease gave 30 day notice.
- Thread starter J&P11
- Start date
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quincy
Senior Member
You should honor the lease.
PayrollHRGuy
Senior Member
He never violated the lease. You shouldn't either.
At this point your tenant has not violated your lease BUT The minute this tenant is late with the rent don't waste time and follow your states process to begin to evict for non pay and once you start don't back down , and if your leases grant a grace period in them for the next tenant remove the grace period. AS to the current tenant NO more texting , as a LL you must have provable -paper trails when you communicate with the tenant and using (cheapest to costliest) certificate of mailing, confirmed mail delivery ( Never had a court refuse to recognize certificate of mailing ) on up to certified or registered mail) then staple your receipt to your copy of the letters as if you were going to have to show each and every letter to a judge.
Thank you for your reply. I will take your advice and communicate only by certified letter. However, I am wondering why it was ok for the tenant to give his 30 day notice to move because he and his wife had purchased a mobile home....thus technically breaking the lease. I have already advertised the rental and received several replies to my ad in just the first 24 hours it was listed. Affordable rentals are extremely rare in our hugely popular area of the State. Am I legally obligated to accept his retraction of his notice? He is an obnoxious on the verge of being a bully towards me (a 70 year old female) person, and very rude (his wife is nice though seems quite timid). I do think that his retraction may be a ploy on his part to be completely released from the lease, which at this point I am will to do.
Would it be proper for me to send a certified letter stating that I do not accept his retraction of their intent to move and expect them to vacate by the end of May (they gave notice on April 15)? I would expect them to mail May's rent to me rather than texting me to come pick it up and to uphold the lease requirement that the home be clean and yard mowed. I would release them fully from their lease at that point.
In his notice retraction he had the nerve to demand that when the lease is up at the end of the year that I give the courtesy of 60 days notice if I plan to not renew again. I want them out no matter how long it takes.
Would it be proper for me to send a certified letter stating that I do not accept his retraction of their intent to move and expect them to vacate by the end of May (they gave notice on April 15)? I would expect them to mail May's rent to me rather than texting me to come pick it up and to uphold the lease requirement that the home be clean and yard mowed. I would release them fully from their lease at that point.
In his notice retraction he had the nerve to demand that when the lease is up at the end of the year that I give the courtesy of 60 days notice if I plan to not renew again. I want them out no matter how long it takes.
PayrollHRGuy
Senior Member
I simply don't think that notifying you he was going to vacate is a violation. When he did you told him it would cost him and he said never mind I'm staying.
You on the other hand not allowing him to stay, for whatever reason, without first going through the courts and evicting him would be a violation of the lease.
You on the other hand not allowing him to stay, for whatever reason, without first going through the courts and evicting him would be a violation of the lease.
You wrote >> I am wondering why it was ok for the tenant to give his 30 day notice to move because he and his wife had purchased a mobile home....thus technically breaking the lease.<< He said He bought a home, that in it self is not a lease violation, you are mistaken when you some how came to believe he was breaking the lease. He would have to move out , or not pay you or violate the lease another way in order for you to successfully prove a breach of the lease. Keep in mind certified mail is nice to have BUT tenants can and do get the idea If they refuse to sign for a letter and don't go pick it up that they can claim they didn't get a notice ( and it would be sent back to you by post office ) If your going to send mail to a tenant certificate of mailing doesn't need to be signed for and still gives you proof of having sent out mail to someone since both your name and to whom you sent mail is on it. AND sending a second copy out via confirmed mail delivery say a day later would give you a second receipt to show a judge SO even if a tenant claimed they didn't get a letter from you in court then a judge will likely still accept that you did send notice out since you can show the court you sent it two ways and a judge can politely tell the tenant they are lying or that he or she doesn't believe them. You wrote >>In his notice retraction he had the nerve to demand that when the lease is up at the end of the year that I give the courtesy of 60 days notice if I plan to not renew again. << So exactly what does your written lease call for as to the amount of notice to be given should the tenant be the one to want to not renew or prevent a renewal ? ( keep in mind the tenant can demand the sun rise in the north and set in the south all they want until they are blue in the face and it means nothing ) so again how much notice does your lease say is needed to prevent a renewal ?
Gail in Georgia
Senior Member
"I am wondering why it was ok for the tenant to give his 30 day notice to move because he and his wife had purchased a mobile home....thus technically breaking the lease. "
No one here said it was and, of course, a tenant purchasing a home is not a legal justification to break a lease.
However, if you wish him out of your property you can send him notice that you have accepted his request to terminate the lease early and will allow him to do so but you require him to pay May rent and leave your rental property clean and the yard mowed (be specific on what "clean" means).
Don't expect both to take place though. Even if you threaten eviction due to failure to pay rent the tenant likely isn't fearful of this as he likely figures he's now bought a place to own and will never rent again.
Gail
No one here said it was and, of course, a tenant purchasing a home is not a legal justification to break a lease.
However, if you wish him out of your property you can send him notice that you have accepted his request to terminate the lease early and will allow him to do so but you require him to pay May rent and leave your rental property clean and the yard mowed (be specific on what "clean" means).
Don't expect both to take place though. Even if you threaten eviction due to failure to pay rent the tenant likely isn't fearful of this as he likely figures he's now bought a place to own and will never rent again.
Gail
justalayman
Senior Member
The situation is not really legally clear. Him issuing a notice to terminate is possibly going to be binding upon him BUT
The problem is; your remedy would be your damages. If he has since expressed an intent to rescind the notice, you have experienced no damages and since you have not signed a lease with a party to replace him, you will face no issue from such a person such as your breach of the newly signed lease.
The only part that isn’t totally clear is what would a court do if you tried to enforce the tenants notice to terminate his tenancy.
A judge looking at this would tell you you have no damages, as I explained, and therefor are in the same place financially if the guy stays. A judge may even mention it appears you are pushing the issue because you cannot otherwise evict the tenant.
If it is a tenant friendly state, in the least, it’s likely a judge will require you to continue the lease.
You might have an action for your costs to advertise the place or any other actual damages if the tenant remains since there was detrimental reliance on the action the tenant stated he was taking.
The problem is; your remedy would be your damages. If he has since expressed an intent to rescind the notice, you have experienced no damages and since you have not signed a lease with a party to replace him, you will face no issue from such a person such as your breach of the newly signed lease.
The only part that isn’t totally clear is what would a court do if you tried to enforce the tenants notice to terminate his tenancy.
A judge looking at this would tell you you have no damages, as I explained, and therefor are in the same place financially if the guy stays. A judge may even mention it appears you are pushing the issue because you cannot otherwise evict the tenant.
If it is a tenant friendly state, in the least, it’s likely a judge will require you to continue the lease.
You might have an action for your costs to advertise the place or any other actual damages if the tenant remains since there was detrimental reliance on the action the tenant stated he was taking.
Thank you. I have never threatened them with eviction and would honor the lease if I legally HAVE to.
On April 15 they texted a 30 day notice letter of intent to move out by May 15. I texted back the terms of the lease up on vacating the premises as stated in my post above....the home must be clean inside, especially carpeting ( I had a voice mail from the wife a few months ago that one of their cats had knocked something over and made a stain...she wanted ME to come clean the carpet. I told her that was their responsibility because the carpeting had been professionally steam cleaned before they moved in and was in perfect condition), the lawn mowed, my washing machine put in place and hooked up and all their belongings, including trash had to be out and May's rent paid in full and would not be prorated ( I would allow them to stay until the end of May though)
I then started getting obnoxious and rude texts from them saying they "would not be mowing the lawn, do it yourself" nor would they pay any rent for May because "there are repairs that you should do first and you let us freeze for days because you were too lazy to bring us a heater (over a year ago)".
I asked what repairs since nothing had ever been mentioned before......his reply was that there are some nails that need to be hammered down on a couple of deck boards, some of the paint on the deck was peeling in places and it didn't look good and the far corner of the back yard has some erosion (from heavy rains, hurricanes coming through etc) and the outside of the home could use a pressure washing.
I informed him that he could not withhold rent and if needed I would take him to court for nonpayment. I then sent screen shots of our previous texts from over a year ago concerning the heating issue to prove he was lying. I was informed at 7:20 pm one night that the furnace wasn't working.....but that it had stopped working a day earlier, not right then. I had a repairman out by 10:45 the next morning! It was repaired, but we had always planned to put in a new heat pump by late Spring for central AC and heat anyway, so went ahead and contracted with our HVAC people to have it done at their earliest time which was about ten days. A week later I was woke up by a text at 11:00 pm from him saying the furnace again wasn't heating enough and for us to bring them a space heater but not to call the repairman for the next day because they were going to be gone all day. I told him I'd purchase one the next day or since he lived right by a 24 hour Wall Mart he could go get one that night. He replied with several rude texts. My next text at 5:00 pm the following evening proved to him that I had just purchased a large expensive space heater at Sams and was bringing it to them.
It was after this exchange 12 days after their moving out notice that they decided to retract their notice to move out. I have already advertised the rental although no contract has been made yet with a new tenant.
Again, thank you for your advice. I will send them the letter stating we had accepted their notice that they were moving out and do not accept the retraction and the lease will be dismissed once May rent is paid and they have vacated.
One more question, please. If they refuse to mow the lawn or put my washer back in place, can I deduct it from their deposit if I have to pay someone else to do those things? AFTER they had already moved in, they asked if they could use their own washing machine (that they had in storage) because it looked better than the one I had in the home. They said they would put mine in the spare bedroom. I agreed on the condition that mine be put back in place if they ever moved out. The man has said that he will not move my washer back in place and hook it up because we didn't help him put his in.....he's an A$$!!
On April 15 they texted a 30 day notice letter of intent to move out by May 15. I texted back the terms of the lease up on vacating the premises as stated in my post above....the home must be clean inside, especially carpeting ( I had a voice mail from the wife a few months ago that one of their cats had knocked something over and made a stain...she wanted ME to come clean the carpet. I told her that was their responsibility because the carpeting had been professionally steam cleaned before they moved in and was in perfect condition), the lawn mowed, my washing machine put in place and hooked up and all their belongings, including trash had to be out and May's rent paid in full and would not be prorated ( I would allow them to stay until the end of May though)
I then started getting obnoxious and rude texts from them saying they "would not be mowing the lawn, do it yourself" nor would they pay any rent for May because "there are repairs that you should do first and you let us freeze for days because you were too lazy to bring us a heater (over a year ago)".
I asked what repairs since nothing had ever been mentioned before......his reply was that there are some nails that need to be hammered down on a couple of deck boards, some of the paint on the deck was peeling in places and it didn't look good and the far corner of the back yard has some erosion (from heavy rains, hurricanes coming through etc) and the outside of the home could use a pressure washing.
I informed him that he could not withhold rent and if needed I would take him to court for nonpayment. I then sent screen shots of our previous texts from over a year ago concerning the heating issue to prove he was lying. I was informed at 7:20 pm one night that the furnace wasn't working.....but that it had stopped working a day earlier, not right then. I had a repairman out by 10:45 the next morning! It was repaired, but we had always planned to put in a new heat pump by late Spring for central AC and heat anyway, so went ahead and contracted with our HVAC people to have it done at their earliest time which was about ten days. A week later I was woke up by a text at 11:00 pm from him saying the furnace again wasn't heating enough and for us to bring them a space heater but not to call the repairman for the next day because they were going to be gone all day. I told him I'd purchase one the next day or since he lived right by a 24 hour Wall Mart he could go get one that night. He replied with several rude texts. My next text at 5:00 pm the following evening proved to him that I had just purchased a large expensive space heater at Sams and was bringing it to them.
It was after this exchange 12 days after their moving out notice that they decided to retract their notice to move out. I have already advertised the rental although no contract has been made yet with a new tenant.
Again, thank you for your advice. I will send them the letter stating we had accepted their notice that they were moving out and do not accept the retraction and the lease will be dismissed once May rent is paid and they have vacated.
One more question, please. If they refuse to mow the lawn or put my washer back in place, can I deduct it from their deposit if I have to pay someone else to do those things? AFTER they had already moved in, they asked if they could use their own washing machine (that they had in storage) because it looked better than the one I had in the home. They said they would put mine in the spare bedroom. I agreed on the condition that mine be put back in place if they ever moved out. The man has said that he will not move my washer back in place and hook it up because we didn't help him put his in.....he's an A$$!!
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