Tenants moving out early
My tenants just informed me that they are moving 4 months shy of the end of their rental agreement. The reason for the move is a new job outside of NYC. They say that they are moving “sometime in March” so have not even given the required 30 days notice. They also say that they…
My tenants just informed me that they are moving 4 months shy of the end of their rental agreement. The reason for the move is a new job outside of NYC. They say that they are moving “sometime in March” so have not even given the required 30 days notice. They also say that they cannot pay March’s rent and told me to use their security deposit. This is not acceptable to us as the deposit is meant to cover any damage to the apt. and not rent. I find it infuriating that they think that they can set the terms on how we should deal with this, and strongly feel that they must be held accountable for their obligations. Frankly, they have been total jerks about this and other recent issues. We need advice on how best to proceed. What should we do if we cannot get new tenants before the end of the current rental agreement? We know that we can hold them legally liable for the rent that they owe, but don’t know how to initiate a claim. Thanks for any and all advice.
You need evidence to prove your claim and part of that evidence will be a “nonpayment” entered in your favor in Part 52 plus an executed warrant for possession on LL’s behalf. Any rent you realized during the rest of the time under the old lease will be deducted from the claim although you will be able to throw in the 2K to 4K you spent on a lawyer to pursue the non payment. Big waste of time and money.
I’d call a lawyer, file a claim and make sure it goes on their credit report. Or you could be prepared to do so, and negotiate, say 2 months’ rent. I’ve broken leases before but only after negotiating with the LL. Something tells me, though, that you’re not going to get any more money out of these people.
Further more where in a standard REBNY or any other lease does it say that this lease can be terminated by either party with a 30 day notice?
Mopar, where does the OP say they are sending a written 30 day notice? Huh?
Ridiculous, modsquad. If the renters send a 30-day notice in writing, why does either party need a lease termination agreement?
I’m repeating myself but If the tenant asked me how to break this lease and walk away unscathed I would offer the LL an agreement to vacate on a date while declaring said lease null and void and no longer in force. An uncontested repossession will take approximately 2 months from the day you send the initial 3 day notice. Until you prove in a court that they broke the lease you are bound by it too. I would really try to get that voiding of the lease.
They have a lease which is a legal contract. When they don’t pay the rent on March 1, I would send them a notice to cure as per the terms of their lease. Since they notified you they are leaving, you have an obligation to try to rent the apartment for the remainder of their term but that does not relieve them of their responsibility for the rent for the entire term until it is re-rented. You don’t have to jump through hoops, just do what you normally do to get it rented. Make sure you document and keep proof of your efforts to re-rent.
I disagree with the advice to let them walk. If you don’t re-rent it, you can file suit for unpaid rent in small claims court without an attorney in the county where the apartment is even if they do not live here any longer. Just keep the amount under the small claims limit even if the loss is really more. The judgement (you are likely to win) will be filed against them and you can send it to collection. And enter it with the credit reporting agencies.
Keep it business and don’t get caught up emotionally in the suit and don’t hold your breath waiting for the money. You many never see it but it shouldn’t be so easy for them to walk away from their legal obligations.
I understand why people would suggest that the landlord take security as the final month’s rent. while i dont know anything about you personally, I have known some unscrupulous landlords who have tried to keep deposits unnecessarily. By using the security deposit, it forces the landlord to act in order to collect on any charges.
If the tenants are moving out in march, then they should pay the rent for the month of march. If you cant lease their apartment for the same rent, you are entitled to the difference. As a practical matter, it depends on the circumstances to determine whether it’s worth it.
Basically, I agree—let it go and celebrate their departure. Unless, that is, you’re prepared to lose more time and money than the situation is worth. Also agree that this is why landlords have come to insist on tenants depositing first and last month’s rent as well as one month’s security. Provide tenants with clear requirements for return of keys and final walk-through. For your own records, it’s worthwhile to put something in writing to the tenant, for example: By the terms of your lease, your security deposit was delivered as assurance against damage to the premises. I do not agree to waive your obligations under the lease while your lease remains in effect (through “x” date). Your security deposit is not a lawful substitute for rent due. Please be sure to respond to this notice in writing.