Broken Lease (by Debora [WV]) Jul 28, 2010 7:59 AM|
Broken Lease (by Kay [KS]) Jul 28, 2010 8:36 AM
Broken Lease (by Debora [WV]) Jul 28, 2010 10:51 AM
Broken Lease (by Mike45 [NV]) Jul 28, 2010 11:09 AM
Broken Lease (by Debora [WV]) Jul 28, 2010 11:12 AM
Broken Lease (by Kay [KS]) Jul 28, 2010 12:00 PM
Broken Lease (by Mike45 [NV]) Jul 28, 2010 2:22 PM
Broken Lease (by Debora [WV]) Posted on: Jul 28, 2010 7:59 AM
State Specific Question About: WEST VIRGINIA (WV)
My tenant just signed a new yearly lease that took effect on August 1st. Then I get a call from them on 07/25/10(before I received the signed lease in the mail) stating that they are moving out as of July 31st. Can I hold them to the lease until another tenant is found?? What are my rights as far as payment?? They state that they have no intentions of paying August Rent and will leave without their deposit. --167.239.xx.xxx
Broken Lease (by Kay [KS]) Posted on: Jul 28, 2010 8:36 AM
They have broken the lease. If they had given you 30 days notice right after signing a renewed lease, I might let them out of it, but 6 days notice? That's really unfair. It sounds like they are willing to forego their deposit, but that deposit is in place to settle damages, not to get out of their lease. I would write them a letter stating that they owe August rent based upon the Agreement they signed. In it I would tell them that you will work quickly to put a new tenant in place and once that has happened they will be out from under further obligation. In the meantime, the Lease they signed is in effect, late fees will be charged as outlined, and any breach of the contract will be prosecuted. --64.151.xx.xxx
Broken Lease (by Debora [WV]) Posted on: Jul 28, 2010 10:51 AM
In WV the turn around for settling a security deposit is 45 days right?? If they vacate without notice does that automatically forefit the deposit?? What if they leave no forwarding information?? --167.239.xx.xxx
Broken Lease (by Mike45 [NV]) Posted on: Jul 28, 2010 11:09 AM
Under general contract law (NOT state specific, but pretty much the general rule in all 49 states [LA is not under the British Common Law, but French law, so it is very different]), the Tenants here withdrew their acceptance prior to your having received it. So maybe they are not obligated by the new lease that they signed and mailed.
Under this theory, look at this as a situation in which the Tenant never signed the new lease and simply told you telephonically on July 25 that they were moving out on July 31 -- wouldn't they owe August rent? Don't they have to give notice of intent to vacate even at the end of the lease term?
Broken Lease (by Debora [WV]) Posted on: Jul 28, 2010 11:12 AM
No, they signed the lease, mailed it to me, I signed the lease and put it back in the mail to them. They "say" they had not received it back from me and called to say they were vacating. Signatures on lease 07/06/2010. Mailed 07/07/2010. So why would they not owe August rent?? They never gave 30 days notice? --167.239.xx.xxx
Broken Lease (by Kay [KS]) Posted on: Jul 28, 2010 12:00 PM
If they do not pay you August rent, you may keep the deposit to cover that rent since they did not give you the 30 day notice.(I presume your lease states a 30 day notice.) I'm assuming that the deposit is equal to one month's rent.
The problem here is that if you find any damages to the unit, you will not have enough money to cover both physical damages and August rent.
I would send them a notice while they are still around to let them know they are breaking the lease. In that letter I would remind them that you will need their forwarding address for future correspondence with them. --64.151.xx.xxx
Broken Lease (by Mike45 [NV]) Posted on: Jul 28, 2010 2:22 PM
Debora, please get your story straight. In the Original Post, you stated that "Then I get a call from them on 07/25/10(before I received the signed lease in the mail)".
In your later post, you say that they signed it and mailed to you and you got it.
I never said that they would not owe the Aug rent. I am trying to figure out if there is a lease for the period Aug 1, 2010 through July 31, 2011 which they are breaching, or if they are simply breaching the new M-T-M tenancy that is formed upon the expiration of the term of the existing lease in a couple of days.
Either way, your best bet will be to gain possession, get the property fixed up as soon as possible and find a new tenant to move in sometime in August!