My tenant is on a Month-Month lease and just called me on the 21st of the month to tell me they were moving at the end of the month. The lease states I must be given a 30 written notice. I explained they needed to give 30 days notice in writing, and they said I could keep their security deposit. That only covers the next months rent, doesn't allow for possible damage and outstanding utility bills. What are my options, do I just except this or try to collect for the next months rent. They can't even tell me for sure if they will be out on time. Any suggestions would be helpful

Thanks

Best to get their co-operation for now. I would get them to sign the following. If there are damages you can still sue for damages (but don't tell them that). Says they voluntarily give up deposit so they can't come back and ask for it. And says that of the date stated they give up possession.

AGREEMENT FOR TERMINATION OF LEASE

AND VOLUNTARY SURRENDER OF PREMISES

This Agreement for Termination of Lease and Voluntary Surrender of Premises

(this "Agreement") is made and entered into as of the_____day of _______, _____, by

and between ___________________________ ("Landlord") and _________________________ _____________________________________("Tenant").

RECITALS

A. Landlord and Tenant have entered into a Lease dated _____________

wherein Landlord leased to Tenant certain premises (the "Premises") located at ____________________________________________________ , and more particularly described in the Lease. All initially capitalized terms not defined specifically herein shall have the meanings set

forth in the Lease.

B. Tenant desires to terminate the Lease, which termination will be earlier than

the date of termination set forth in the Lease.

C. Landlord is willing to agree to the early termination of the Lease as set

forth in this Agreement.

NOW, THEREFORE, in consideration of the foregoing, in further consideration

of the mutual promises made herein, and for other good and valuable

consideration, receipt of which is acknowledged, Landlord and Tenant agree as

follows:

1. Termination Date. Landlord and Tenant hereby agree to terminate the

Lease, subject to Tenant's satisfaction or Landlord's waiver of the terms and

conditions set forth herein. The termination of the Lease shall be effective as

of _________________ (the "Termination Date").

2. Termination and Surrender. Tenant voluntarily surrenders all rights of

possession of the Premises as of the Termination Date. After the Termination

Date, Tenant shall have no rights of any kind with respect to the Premises.

3. No Further Obligations. Landlord and Tenant agree that Landlord and

Tenant are excused as of the Termination Date from any further obligations with

respect to the Lease, excepting only such obligations under the Lease which are,

by their terms, intended to survive termination of the Lease, and as otherwise

provided herein. Nothing herein shall excuse Tenant from its obligations under the Lease

prior to the Termination Date.

4. Removal of Personal Property. Tenant shall remove all personal property prior to the termination date. Any personal property of Tenant remaining in the Premises as of the

date that the lease terminates shall be deemed to be abandoned by Tenant, and

may be disposed of by Landlord, in Landlord's sole discretion, without

obligation or liability to Tenant.

5. No Assignment or Subletting. Tenant represents and warrants that Tenant has not assigned, mortgaged, pledged, encumbered or otherwise transferred any interest in the Lease and that Tenant holds the interest in the Premises set forth in the Lease as of the date of this Agreement.

6. No Further Modification/Counterparts/Authorization. This Agreement may

not be modified or terminated except in writing signed by all parties. This

Agreement may be executed in counterparts which, taken together, will constitute

one agreement binding on the parties. The persons signing below represent and

warrant that they are duly authorized to execute this Agreement.

7. Successors and Assigns. The covenants and agreements herein contained

shall inure to the benefit and be binding upon the parties and their respective

successors and assigns.

8. Attorneys' Fees. In the event of a dispute between the parties, the

Landlord shall be entitled to have its reasonable attorneys' fees and

costs paid by the Tenant.

9. Conflict of Laws. This Agreement shall be governed by the laws of the

state in which the Premises are located.

10. Headings. Section headings in this Agreement are for convenience of

reference only, and shall not be construed to affect or modify the substantive

meaning of any Section hereof.

11. Tenant's Acknowledgment. Tenant acknowledges that it has read the

foregoing provisions, understands them, and is bound by them. Time is of the

essence in this Agreement.

12. Surrender of Security Deposit. The termination of the Lease

shall be subject to the condition precedent that Tenant surrenders the full amount of the security deposit to Landlord as mitigation for damages.

13. Release. Tenant, on behalf of himself and his representatives, spouse, roommate, guests, agents, heirs and assigns, release and discharge Landlord and Landlord's officers, directors, employees, representatives, agents, affiliates, insurers, predecessors, successors, heirs, and assigns from any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every kind and nature, whether now known or unknown, suspected or unsuspected, which Tenant ever had or may have relating to or based upon, in whole or in part, Tenant's occupancy and/or tenancy at the Premises, or which relate in any way to injuries or damages suffered by Tenant (knowingly or unknowingly). This release and discharge includes, but is not limited to, claims arising under federal, state and local statutory or common law. Tenant promises never to file a lawsuit or assist in or commence any action asserting any claims, losses, liabilities, demands, or obligations released hereunder.

LANDLORD: Date Tenant

Of course try to get the money out of them.

Tell them you will do your best to get it re-rented so you don't have to go after them for the lost rent, but they need to get out ASAP on-time and cleaned out, and allow you to start marketing the property if possible(often it's too dirty/messy).

Bottom line, they owe you the money but they probably can't/won't pay. The best you can do is re-rent it very quickly.

If they want out, let them go. Keep their deposit. Getting this in writing would be best. I Send them a non threatening letter verifying that they are leaving by the end of month and forfeiting their security deposit. Send a stamped envelope too. If we are on good terms they'll usually sign and return it.

IF they stiff you for the utilities/damages/fees, you have decide if its worth it to sue them for money owed. Sometimes its not an efficient use of mental energy. Other times it is.

I feel differently than most on this...

I've always offered a portion of the deposit back if they promise to have the place pristine for me. This makes less work for me and allows me to turn the apartment over faster.

I feel good because I don't have to do a ton of work to get the apartment ready and they get some of their money back (which they usually really need). I've had some places returned to me cleaner than I rented them...

I would simply send them a letter indicating the provision of the Lease that states what notice is required, and since said notice wasn't given, rent is due in full on the First of the month. If they fail to pay, then take it from the Deposit and bill them for damage. If they fail to pay damage, file a small claims action.

Thanks you all for your help and quick response to my question. I was unprepared for their sudden departure but am glad they are moving! I will try to get them to sign your