Early Termination Fee
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Early Termination Fee (by William [GA]) Oct 8, 2013 2:11 PM
       Early Termination Fee (by Kyle [IN]) Oct 8, 2013 2:57 PM
       Early Termination Fee (by Gail K [GA]) Oct 8, 2013 3:59 PM
       Early Termination Fee (by S i d [MO]) Oct 8, 2013 5:18 PM
       Early Termination Fee (by BRAD 20,000 [IN]) Oct 8, 2013 8:13 PM
       Early Termination Fee (by BRAD 20,000 [IN]) Oct 8, 2013 8:14 PM
       Early Termination Fee (by Eric [CA]) Oct 8, 2013 8:57 PM
       Early Termination Fee (by Rangor [TN]) Oct 9, 2013 12:12 AM
       Early Termination Fee (by William [GA]) Oct 9, 2013 11:04 AM
       Early Termination Fee (by Tamara [VA]) Oct 9, 2013 1:05 PM
       Early Termination Fee (by William [GA]) Oct 9, 2013 1:18 PM
       Early Termination Fee (by Kyle [IN]) Oct 9, 2013 1:50 PM
       Early Termination Fee (by Shawn [WI]) Oct 9, 2013 8:55 PM
       Early Termination Fee (by BRAD 20,000 [IN]) Oct 9, 2013 8:56 PM


Early Termination Fee (by William [GA]) Posted on: Oct 8, 2013 2:11 PM
Message:

State Specific Question About: GEORGIA (GA)

Tenant vacated the property after only 3 months of a 2 year lease. Refuses to pay early termination fee of $1425. Any suggestions on how to collect the fee and any reputable collection agencies that can help? --159.83.xxx.x




Early Termination Fee (by Kyle [IN]) Posted on: Oct 8, 2013 2:57 PM
Message:

Have you filed a case in small claims court? Is the former tenant employed? --50.129.xx.xxx




Early Termination Fee (by Gail K [GA]) Posted on: Oct 8, 2013 3:59 PM
Message:

Georgia does allow wage and bank garnishment:

//www.leidenandleiden.com/about-bankruptcy/garnishment/

Gail --67.173.xxx.x




Early Termination Fee (by S i d [MO]) Posted on: Oct 8, 2013 5:18 PM
Message:

If you have a good address for the tenant (work or residence) you can serve papers, go to court and get a judgment. Collecting may be very challenging, though, if Gail K is correct. However, you then can report to the three credit bureaus via a service offered on this website or turn it over to a collector who will not only report the debt owed by will also exercise whatever legal means DO exist to try to recover some of the money owed. That judgment will show up anytime this person requests a service that requires a credit check--think utilities, phone service, another rental, car loan, home loan, employer screening. The hassle factor and increase fees and rates of rejection may motivate this person to pay up on their own.

It's up to you to decide if this person is worth pursuing for the money. --108.250.xxx.xxx




Early Termination Fee (by BRAD 20,000 [IN]) Posted on: Oct 8, 2013 8:13 PM
Message:

William,

Gotta know YOUR judge. Ask around.

Mine will allow it because we and other LLs in my town kept adding it to our court cases. He finally agreed it was reasonable - better for the res than charging them the remaining months.

If this helps?

can you list the fee on their rent ledger, then apply their last payment to it, leaving them with unpaid RENT and LATE FEES? --67.175.xx.xxx




Early Termination Fee (by BRAD 20,000 [IN]) Posted on: Oct 8, 2013 8:14 PM
Message:

I'd also have an atty write a nasty letter. Might help. --67.175.xx.xxx




Early Termination Fee (by Eric [CA]) Posted on: Oct 8, 2013 8:57 PM
Message:

Mail a demand letter via certified mail with return receipt before going to court or hiring an attorney.

Include copy of the lease and highlight the early termination paragraph.

--98.148.xx.xx




Early Termination Fee (by Rangor [TN]) Posted on: Oct 9, 2013 12:12 AM
Message:

What is the status of the security deposit? My understanding of TN law at least is that the SD can be used to cover this. Once you do this though the terms of the lease may be considered satisfied and the chase is over.

I know the SD can be used when rent is owed in TN. Definitely check with GA law though if you retain the SD and attempt to exercise this. Still have to give an accounting I am sure of what happened to the SD and within whatever time constraints your state law dictates.

Perhaps you can work out an agreement that you can both live with but get him to sign off on the agreement. Curious what others have to say. --98.68.xxx.xx




Early Termination Fee (by William [GA]) Posted on: Oct 9, 2013 11:04 AM
Message:

Thanks for your feedback. Since its only $1425 I wasnt going to pursue it, but he is a SGT in the military and I dont think this is proper conduct. I have been rentinig properties to military since 2000 and always had a great experience. I will pursue legal action since he used the security deposit to pay some of his last months rent. These guys give the military a bad name. --10.1.xx.xx




Early Termination Fee (by Tamara [VA]) Posted on: Oct 9, 2013 1:05 PM
Message:

Under some circumstances (change of duty location, deployment) military members are entitled to cancel their lease with 30 days notice (you can't charge them a fee to do this--it is the law). They must provide a copy of their orders, however. If the person is just moving to move, then contact his commanding officer and give him/her an earful. --96.241.xxx.xxx




Early Termination Fee (by William [GA]) Posted on: Oct 9, 2013 1:18 PM
Message:

No change of duty location, deployment etc the guy was just a rat and couldnt pay his bills. My cousin who is also military suspects gambling, woman or alchol are usually in the fold when things like this happen. --10.1.xx.xx




Early Termination Fee (by Kyle [IN]) Posted on: Oct 9, 2013 1:50 PM
Message:

I have not done it myself, but have heard repeatedly that contacting a commanding officer for a military tenant can cause the tenant to quickly resolve the problem. I would try making a call or sending a letter to the commanding officer first to see if that gets the tenant to pay up. If not, then proceed with the court process. --50.129.xx.xxx




Early Termination Fee (by Shawn [WI]) Posted on: Oct 9, 2013 8:55 PM
Message:

If the guy does present you with a copy of orders showing he was called to duty, make sure to get it verified with his command. My son (former military) tells me that certain individuals have been known to "create" orders to get out of a lease without penalty, while assuming that the LL won't know the difference between real and fake. --69.179.x.xxx




Early Termination Fee (by BRAD 20,000 [IN]) Posted on: Oct 9, 2013 8:56 PM
Message:

William,

You answered it! when you typed "HE" applied the sec dep. No such thing!

Who is in charge of your accounting - you or him?

YOU write the charges on his rent sheet, including real move out cleaning & repairs, THEN deduct his deposit.

--67.175.xx.xxx





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