Posted on 03/31/2019 1:59:14 PM PDT by George from New England
Many matters are clear with landlords and tenants, but I've got a grey area here.
If a tenant breaks a lease and requests to leave before the 12 months is up, what do they lose?
If a landlord at move-in made them pay first month, last month, and security deposit, all about $1,000 each.
What does a landlord have to return if they only stayed six months?
What would be the purpose of taking these amounts if tenant could just walk and know they can get some of it back?
Can a landlord deduct turn-over costs ? Like paying an agent a commission to find a new tenant. What is reasonable and customary for this? 15% of the yearly lease total ? 7% cause that's a normal commission amount on sale of proper?
If a freeper can share wording they've used in the final security notice where amounts are being deducted of not returned.
There is no physical damage to the home.
Does whether a new tenant comes right in or its vacant change matters here?
The state here is Florida. Sorry.
You’ll have to check on what New England has to say on that, as you know the landlord/tenant laws, bylaws and rules vary—sometimes big-time, from state to state.
Hunt it down online or have a consultation with an attorney specializing in realty / leasing law.
A lot depends on the rental contract. Many standard contracts have the renter being liable for the full amount of rent for the contracted rental period. Some landlords will then give the renter a break if a replacement renter is found.
Good advice. Every state and city is different. Try LegalZoom for the appropriate form.
What does a landlord have to return if they only stayed six months?
What would be the purpose of taking these amounts if tenant could just walk and know they can get some of it back?
You need to consult with a lawyer in the state in which the lease was performed.
Not a landlord. Not a FReeper. Not a caddy. Not a maestro.
Can a landlord deduct turn-over costs ? Like paying an agent a commission to find a new tenant. What is reasonable and customary for this? 15% of the yearly lease total ? 7% cause that's a normal commission amount on sale of proper?
You need to consult with a CPA.
If a freeper can share wording they've used in the final security notice where amounts are being deducted of not returned.
Back to lawyer.
Depends on what your lease says about early termination, fees/etc would be listed there, if any.
Also since they are there for 6 months, the place should be in near perfect rent condition. Which means the carpet, paint, etc should be normal. If the paint is already marred up you can deduct that since it would be consider excessive damage for being only 6 months there. Same for the carpet. Different story if they were there 12 years, the courts would say that you should replacing the carpet and repainting anyways and call it “normal wear and tare”
Read the lease agreement. It sets out all the terms. I would assume the tenant loses all deposits as the tenant has not fulfilled the lease terms. Further the landlord may have the right to go to court and sue for the rents not paid. But read the lease. It will give all necessary information
If a landlord at move-in made them pay first month, last month, and security deposit, all about $1,000 each.
What does a landlord have to return if they only stayed six months?
What would be the purpose of taking these amounts if tenant could just walk and know they can get some of it back?
You need to consult with a lawyer in the state in which the lease was performed.
Not a landlord. Not a FReeper. Not a caddy. Not a maestro.
Can a landlord deduct turn-over costs ? Like paying an agent a commission to find a new tenant. What is reasonable and customary for this? 15% of the yearly lease total ? 7% cause that's a normal commission amount on sale of proper?
You need to consult with a CPA.
If a freeper can share wording they've used in the final security notice where amounts are being deducted of not returned.
Back to lawyer.
Check your local laws, but from what I have experienced is how ever the rental/lease contract is written word for word or not written is what a court is going to honor as long as it doesn’t violate local laws on the landlord’s part.
I agree with the other freeper
Consult your attorney over what can be deducted, if anything, have your lease ready as well. Should be listed in there.
Of course all of this can vary from state to state so YMMV
read the lease. Check with local landlord group
First and last will be used, so your real quesion is can you keep the security deposit.
Needs to say that in the lease.
I can give you some guidance, as I used to be in property management, although Canadian.
When you sign a lease you are responsible for that lease unless you or the landlord can find a new tenant. The landlord is responsible to mitigate his damages, that is, he has to make a good effort to find a new tenant. For your own sake it would be good to find someone suitable (cost is on you) to present to the landlord for acceptance.
It very much depends on state landlord tenant law.You might seek competent legal advice from an attorney the practices landlord tenant law. Or google your states landlord tenant law but I warn you that one who represents himself has a fool for a client. Penalties can be quite harsh for screwing up on that deposit. Also a civil suit for the rest of your rent may be possible if you made a good decision on leasing to a person with assets.
What does your lease say? Many leases can be broken with requisite notice (30 or 60 days). He may owe you a month or two of rent, depends on what your lease says.
Hire a property management company. I repeat. Hire a property management company.
That’s cost more than just renting it to someone else right away :)
Keep the security, if they bother with a lawyer, take it from there.
We have rentals in Pinellas county and an excellent property manager. We tried once to play landlord out in CA with less than stellar results. Never again. If you’d like the name of our manager, pm me. It’s money well spent, imho.
Remember, liberal states hate landlords.
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