 Breaking Lease (by Pam Kanaly [OK]) May 19, 2008 4:42 PM
 Breaking Lease (by Natalie [CA]) May 19, 2008 4:53 PM
Breaking Lease (by Josh [CA]) May 19, 2008 4:54 PM
Breaking Lease (by Irish [MD]) May 19, 2008 5:06 PM
Breaking Lease (by Pam [OK]) May 19, 2008 5:08 PM
Breaking Lease (by pam [OK]) May 19, 2008 5:15 PM
Breaking Lease (by Irish [MD]) May 19, 2008 5:26 PM
Breaking Lease (by dennis [NJ]) May 19, 2008 5:37 PM
Breaking Lease (by Natalie [CA]) May 19, 2008 5:40 PM
Breaking Lease (by StevenColorado [CO]) May 19, 2008 6:16 PM
Breaking Lease (by Pam [OK]) May 19, 2008 7:17 PM
Breaking Lease (by Lesley [CT]) May 19, 2008 9:59 PM
Breaking Lease (by Virden [OH]) May 19, 2008 10:58 PM
Breaking Lease (by nhsailmaker [NH]) May 20, 2008 3:25 AM
Breaking Lease (by Pam Kanaly [OK]) Posted on: May 19, 2008 4:42 PM
Message:
State Specific Question About: OKLAHOMA (OK)
We purchased a duplex April 30th with two tenants already there. Their leases are 6 months which took them through September. We are new at this as this is our first purchase. On May 19th we recieved a letter stating one of the tenants is going to leave due to repairs not being made in the past. This pertained to what she felt was "unsafe". She reports that she had complained to the previous owners and nothing was done. Now she states she will move out in 30 dyas. Period. The property was inspected prior to purchase. What is our recourse? She has lived at that residence for apprx 1 and 1/2 years. --70.165.xx.xx |
Breaking Lease (by Natalie [CA]) Posted on: May 19, 2008 4:53 PM
Message:
I was not clear as to whether or not your tenants are still on a lease or month-to-month? If they are month-to-month they have a right to give you 30 day notice to move out. If they are still on a lease, does the tenant that gave you 30 day notice have any documentation about the repairs that she claims were not being made in the past? --71.198.xx.xx |
Breaking Lease (by Josh [CA]) Posted on: May 19, 2008 4:54 PM
Message:
What is the end result you are looking for?
She had a 6 month lease that started in sept of 07.
Did you renew the lease in ..... March for another 6months? Or did you let it go and she is now on Month to Month?
Be glad she hasn't called in code and code enforcement if the issues are valid.
If they are not valid issues. Then why would you want to keep her? Asta La Bye bye.
Tell us more so we can give you a better answer.
--71.119.xxx.xxx |
Breaking Lease (by Irish [MD]) Posted on: May 19, 2008 5:06 PM
Message:
What does your lease say?
It sounds like it does not say anything about breaking the lease, so lesson learned and now you know you need to add a new clause to your lease...like this...
Tenant agrees in advance, that if for any reason, they vacate or are ordered to vacate the demised premises prior to the lease expiration date, in addition to all other obligations herein contained, they will pay the equivalent of one months rent as a re-leasing fee and will be responsible for all rents, utilities, advertising and other expenses incurred by Landlord until the premises are re-leased or the original lease expiration date. --70.16.xxx.xx |
Breaking Lease (by Pam [OK]) Posted on: May 19, 2008 5:08 PM
Message:
No. When we purchased the property 4/30/08, she was on a 6-month lease with the previous owner.This was signed 4/1/08 and to end 9/30/08. This was a fully transferrable lease. Our end result is we want her to follow through with the lease agreement she signed. --70.165.xx.xx |
Breaking Lease (by pam [OK]) Posted on: May 19, 2008 5:15 PM
Message:
This is a normal lease with the agreement she would fullfill it to the end with the above written understanding. --70.165.xx.xx |
Breaking Lease (by Irish [MD]) Posted on: May 19, 2008 5:26 PM
Message:
Hmmm...on review, on one hand they say they want to move out due to past repairs not done and on the other hand because they feel unsafe...
Hopefully the judge would look at the whole picture, i.e. they lived there 1 1/2 yrs and just now the tenant decides they cannot live with the lack of repairs or unsafe conditions...
Meanwhile, you need to address any repair issues that need to be done in a timely fashion...
Ask her for her written documentation for making repair requests to the previous owner and proof of delivery to the previous owner, then verify with the previous owner if they also have the same documentation...chances are the tenant is blowing smoke, but it is up to you now to dot your "I's" and "T's"...
So if they vacate before the lease expiration, you will need to take them to small claims court to hopefully collect what is owed... --70.16.xxx.xx |
Breaking Lease (by dennis [NJ]) Posted on: May 19, 2008 5:37 PM
Message:
Seems to me her part about the "past" stuff had better be pretty recent, as in since 4/1/08, since she signed the new lease then.
Adding to Irish's "whole picture" comment, I think the re-signing a month and a half ago would mean they were ok with the place at that time.
--64.12.xxx.xxx |
Breaking Lease (by Natalie [CA]) Posted on: May 19, 2008 5:40 PM
Message:
Let them know that you need to see documentation detailing the fact that she requested repairs to be made and the fact that she felt "unsafe".
Most likely they wouldn't be able to produce any documentation to back up their claims.
In general if there nothing in the lease in regards to tenants breaking a lease, they are responsible for paying until you re-rent. --71.198.xx.xx |
Breaking Lease (by StevenColorado [CO]) Posted on: May 19, 2008 6:16 PM
Message:
Even if she can produce documentation showing she notified the previous owner properly, it is very reasonable for you to argue that the notification was not passed on to you during the sale.
C'mon! The previous owner never fixed anything? So why wouldn't she let you take a crack at it? She's had almost a month to let you know! --71.218.xx.xxx |
Breaking Lease (by Pam [OK]) Posted on: May 19, 2008 7:17 PM
Message:
Thank you so much. Your advice is pretty much what we were thinking. As a novice invester, it's nice to know we have a sounding board. I think we're on the right track. We had a gut feeling she may book it soon, so now we feel we can go in and rehab that side sooner to up the force appreciation, anyway. Hopefully we'll get what is due to us and if not, we can try in court. Funny thing is..our daughter is in law school and just finished her properties class. She had some good advice as well. Thanks. --70.165.xx.xx |
Breaking Lease (by Lesley [CT]) Posted on: May 19, 2008 9:59 PM
Message:
In this state, the original lease terms hold over if they are a "hold over"
Get a copy of the original lease and review it against your state laws.
If you think this person is going to be a headache, let them out and good riddance.
I had one of these in my house years ago. I paid an atty. to get them out it was 6 mos, of no rent, complaints to the city you name it.
since you are a new owner you would be given time to make needed repairs since you just recently purchased the house.
If you can get them out easily, I would do it. It could be more cost effective in the end.
I purchased a rental many years ago, and had a similar situation. It didn't pay to keep the person. If you get them out now, you can fix the problems and find a better tenant.
Good luck. --205.188.xxx.xxx |
Breaking Lease (by Virden [OH]) Posted on: May 19, 2008 10:58 PM
Message:
I would ask about the repairs and do them, see if that is what she/he really wanted and in the shuffle they fell in the crack but now they popped up for attention. Are they on-time with rent? Are they m2m? I think the form is called esstopel, this relates to you having the security deposits for the tenants available assets from the previous building owner, each tenant should fill it out so there is no mystery about how much deposit each unit is drawing from. --76.241.xxx.xxx |
Breaking Lease (by nhsailmaker [NH]) Posted on: May 20, 2008 3:25 AM
Message:
You stated.... "rehab that side sooner to up the force appreciation"...... As your property valuation is most likely based on income I am very wary of your being able to a substancial increase in the value through renovations because you may not realize a big rent increase. --75.68.xxx.xxx |
Reply:
|
|