Tenant Breaking Lease (by Suketu [AZ]) May 12, 2017 10:07 AM
Tenant Breaking Lease (by Vee [OH]) May 12, 2017 10:48 AM
Tenant Breaking Lease (by Mike45 [NV]) May 12, 2017 11:00 AM
Tenant Breaking Lease (by Suketu [AZ]) May 12, 2017 11:18 AM
Tenant Breaking Lease (by Lisa [CA]) May 12, 2017 2:46 PM
Tenant Breaking Lease (by Mike45 [NV]) May 12, 2017 4:25 PM
Tenant Breaking Lease (by pattyk [MO]) May 12, 2017 8:30 PM
Tenant Breaking Lease (by Patty [MO]) May 16, 2017 6:26 PM
Tenant Breaking Lease (by Suketu [AZ]) Posted on: May 12, 2017 10:07 AM Message:
State Specific Question About: ARIZONA (AZ)
Background: Tenant asked me to sell or lease purchase the home last month. I declined. So today I receive a letter from him saying he is terminating lease and quote some bogus reasons like I didnt make repairs in timely manner. The repairs he mentions are little rust spots in the dishwasher tray and cracks on microwave. I had inspected those items and both of us were in agreement that those repairs are not life threatening and would be made in a months timeframe.
As a landlord in Arizona, what is my recourse? and what are the steps I should follow.
--70.175.xx.xxx |
Tenant Breaking Lease (by Vee [OH]) Posted on: May 12, 2017 10:48 AM Message:
Follow your state and local tenant rules, you prolly have had them printed out and if you can visit housing court often you will see how the judge treats people who can verify these minor complaints, if you want to clean the dishwasher run a cycle with several vitamin-c tablets - the absorbic acid makes everything inside shine like new, cracked microwave - charge for tenant damages in the next rent cycle.
Otherwise follow the lease and raise the rent so you get a better client next time. --76.188.xxx.xx |
Tenant Breaking Lease (by Mike45 [NV]) Posted on: May 12, 2017 11:00 AM Message:
In many (perhaps all) states, when a tenant breaches the lease by vacating and refusing to pay ongoing rent, you are required to "mitigate damages" by taking possession, doing any necessary rehab work, and using reasonable efforts to find a new tenant. You are not allowed to sit back for the remainder of the lease period and simply go after the tenant for the rent that should have been paid if the Tenant had not breached the lease.
The tenant would normally be responsible for the rehab work, for the costs of finding a new tenant and for the rent that accrued until you got a new tenant in place. Many judges are not realistic in their determinations of how long it takes to do the work and find a new tenant, and will impose artificial limits on the amount of damages that they will award tot he LL.
When a T vacates, I go in and assess (and document with LOTS of photos!) the condition of the property. I put together a list of the rehab needed, and I get the work done. I do a timely accounting of the security deposit, which I send to the ex-Tenant in accordance with state law. I don't think I've ever had to refund any of the SD to the T in this situation.
I then rent the place out, and I decide if it is worth suing the ex-tenant in Small Claims for the money that is owed to me, based on amount owed and likelihood of my actually collecting.
--71.38.xx.xxx |
Tenant Breaking Lease (by Suketu [AZ]) Posted on: May 12, 2017 11:18 AM Message:
Thanks Mike. The tenant has not paid this months rent and I doubt there would be anything left in Security Deposit to recover rent. In terms of the steps:
1) Walk him out, document all the damages
2) List and send him letter on SD within 2 weeks. Can I withhold his SD saying 'rent not paid'?
3) Once I find a new tenant, send me a bill for the lost rent, advertising expenses, etc
4) Guessing he wont respond, so I would need to take him to court to recover. Are there special lawyers to help out with this part?
Sounds good? --70.175.xx.xxx |
Tenant Breaking Lease (by Lisa [CA]) Posted on: May 12, 2017 2:46 PM Message:
Has he moved out? --76.90.xx.xxx |
Tenant Breaking Lease (by Mike45 [NV]) Posted on: May 12, 2017 4:25 PM Message:
For most of us, the claim against the ex-T is small enough that we can file in Small Claims Court, which is basically self-service, no attorney needed (and often no atty allowed).
So you would do your steps 1 through 3, and then step 4 is "Prepare a Small Claims Complaint" for the balance owing.
It is generally not worth the money to hire an atty to do step 4, because the cost of hiring the atty would often exceed the amount in dispute! You don't want to pay $1,500 to get a piece of paper saying "Ex-T owes you $1,000." Attorney fees are generally NOT recoverable, even if you could collect them.
--71.38.xx.xxx |
Tenant Breaking Lease (by pattyk [MO]) Posted on: May 12, 2017 8:30 PM Message:
When is their lease up? --66.87.xx.xxx |
Tenant Breaking Lease (by Patty [MO]) Posted on: May 16, 2017 6:26 PM Message:
So what's the update? What happened, what steps have you taken? --184.206.xxx.xxx |
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