Tenant has been constantly late and is at a rolling 30 day late now. We are only 4 months into a 6 month lease. Client wants to break lease and move at end of month, but I haven't received Dec rent payment. I do have a security deposit equal to the rent payment. Should I let them break the lease? What would I do if there were damages to the property after they are out? State Specific Question About: FLORIDA (FL)

Please realize that the tone of this post is not meant to criticize you personally, but it is firm to get the point across.

You've let this go on for too long. This situation is not 100% the tenant's fault. Land lords who allow tenants to get behind month after month have--in effect--trained their tenants regarding what is acceptable behavior. So it is not surprising now that they pay everyone else FIRST and you LAST. You can bet their cable TV bill is paid. Why? Because the TV company cuts off the cable if not paid...but you've let them continue to make rent the bottom priority when it should be at the top along with food, utilities, and transportation. Realize that since you are part of the problem, only your firm, decisive action will be the solution.

They have already in effect "broken the lease." The question now is how much of a financial hit are you going to take. Here's what I'd do to minimize your losses:

Tell them they can move out in exchange for signing a Promissory Note for the December rent that is due. You can work out payment arrangements: divide it up over the next 6-12 months. They also must be out in the next 10 days, no "ifs", "ands" or "buts" so that you have time to clean and repair in time to hit the ground running January 1st. Do not discuss the security deposit except to say that proper accounting will be done, and any damages and money owed will be charged against the deposit. Therefore, if they leave the unit clean and undamaged, most if not all of the deposit can be applied towards the Promissory Note balance due, which will in turn reduce their payments over the next 6-12 months. IF they do ALL of those things, you will not sue them and they can get out of the lease.

Give them no more than 24 hours to think over and accept your offer. This includes signing that Promissory Note. That will be your ammunition in court if they fail to make payments. No arguments about rentals and leases...flat out this note says your promised to pay and you didn't...end of story.

If they refuse to sign the Note, get mean-spirited and argumentative, don't respond to your communications, demand the deposit back, trash the place...I would file eviction tomorrow. Seriously, I'd fax their lease to my attorney and say, "Get 'em out ASAP."

yes, let them break the lease. They will still owe for damages, you will apply deposit towards damages and then rent. Where i live, Ll can apply deposit towards rent due but the tenant can not. Ask them to leave it clean and move by Sunday.

Marian,

My phrase: you get what you allow. You allowed them to fall behind and "trained" them this habit was acceptable.

Break the lease? they DID break it. It's really up to you.

Why does res want to leave? Lost job? Their WHY will help you manage this.

I have them sign a Promissory Note with payment plan for the Dec rent, the Early Lease Termination Fee, and $500 toward possible move out cleaning. Get a PERMANENT forwarding address such as parents so you can sue later if they do not pay.

Me? I'd file in court now because this res is not the type to make payments.

The deposit stays put until they are totally out.

If they leave the home clean I will apply their depsoit and subtract appropriately from the $500.

You can't let tenants get behind like that. In my state they get a legal 10 day window so the rent is legally not "late" until the 10th. If I don't get a check by the tenth they get a call and a week to get it to me. That's plenty of time and pay periods to decide if your going to pay or not. If that doesn't happen I pass them off to my eviction attorney.