 Vacating early (by Laura [VA]) May 22, 2017 2:26 PM
 Vacating early (by Pattyk [MO]) May 22, 2017 3:02 PM
Vacating early (by Mike45 [NV]) May 22, 2017 3:10 PM
Vacating early (by LisaFL [FL]) May 22, 2017 3:15 PM
Vacating early (by phil [NY]) May 22, 2017 3:16 PM
Vacating early (by LindaJ [NY]) May 22, 2017 4:05 PM
Vacating early (by Mike45 [NV]) May 22, 2017 5:38 PM
Vacating early (by Vee [OH]) May 22, 2017 7:34 PM
Vacating early (by WMH [NC]) May 23, 2017 7:20 AM
Vacating early (by Pattyk [MO]) May 23, 2017 7:57 AM
Vacating early (by Pattyk [MO]) May 23, 2017 7:57 AM
Vacating early (by Kyle [IN]) May 23, 2017 8:34 AM
Vacating early (by Laura [VA]) Posted on: May 22, 2017 2:26 PM
Message:
I'm a local LL, but got his question from a friend who is someone else's tenant:
She just closed on a house purchase, so is vacating her rental 9 weeks before the end of her 1 year lease She notified her LL that she will continue to pay rent, but would appreciate it if he could have it re-rented as soon as possible and possibly save her some rent. There are no damages - just normal wear and tear after 5 years of renting.
Her LL told her he'd be over next week to start on maintenance and some upgrades he's been meaning to make on the house she has moved out of.
Her question to me is: if he is making upgrades, and she is still paying rent, is that fair? Shouldn't she get some sort of break on the last 9 weeks rent if he is taking over the house? What is his motivation to do this quickly and re-rent? He doesn't seem to have much, since she will be paying until Aug 1.
This does not seem fair to me - I think he should waive at least part of her last 9 weeks if he is going to be in doing work at his discretion. I would certainly do that if it was my tenant. What do you all think?
--67.172.xxx.xxx |
Vacating early (by Pattyk [MO]) Posted on: May 22, 2017 3:02 PM
Message:
Stay out of it. Give not advice.
But if the landlord doesn't get in there to fix how is he going to quickly move someone else in? Sounds like he is acting in both their interest. To save her any money she will have to allow the work needed and possibly even show the unit. Since the LL can't double dip in the end if it all works out she should be pleased with the out come. I vote for current LL is handling this great. No promises or deals outside of the normal what's going to happen! --66.87.xx.xx |
Vacating early (by Mike45 [NV]) Posted on: May 22, 2017 3:10 PM
Message:
I agree that the "upgrade" time should not be on her nickel. The problem is in determining what period of time she is responsible for.
If I were the tenant, I would negotiate the amount of rent to be paid for the next 9 weeks. Tenant has the power to exclude the LL from getting in to repair and upgrade the property, if the LL does not grant a reduction of rent. If I am paying the full 9 weeks rent, I would not allow the LL in!
--71.38.xx.xxx |
Vacating early (by LisaFL [FL]) Posted on: May 22, 2017 3:15 PM
Message:
No, it's not fair but it's probably not illegal.
The only thing the old tenant should have to pay for is the rent for the time needed to do repairs due to damages she caused.
If he's choosing to do upgrades which will take longer and therefor not actively trying to rerent to mitigate her damages then then he's really taking advantage of what sounds like what was a good responsible long term tenant.
I just had one technically leave early. She was with me nine years. She moved out April 9th. I don't normally prorate the final month. But I not only refunded her 1/2 of April's rent I gave her an extra $100 as a house warming gift being as she finally became a home owner.
I could have done the minor repairs needed and rerented for April 16th. But we decided to do a full kitchen and bathroom remodel so I rented it for June 1st. Technically my old tenant could have been held accountable for this time because she was still under an annual lease.
But it was my choice to do the changes that would take longer and why would I want to force a good long term tenant who essentially paid for the house in full during the time she was my tenant to pay for my choice?
I treat people the way that I would hope to be treated.
If that were me I would expect the old tenant to pay for the time that it would take to make the house move in ready. Not the time I decided to take to do upgrades. Even if they were technically still under a lease. --173.170.xxx.xxx |
Vacating early (by phil [NY]) Posted on: May 22, 2017 3:16 PM
Message:
under the statute "duty to mitigate" even the non breaching party must act to take reasonable step to re-rent as soon as possible
If the LL decides instead of taking steps to re-rent to take the time to renovate the rental that's their choice but it will not be on the ex tenant dime --73.197.xxx.xx |
Vacating early (by LindaJ [NY]) Posted on: May 22, 2017 4:05 PM
Message:
I agree any upgrades or repairs that were not from tenant's damage should not be done on the tenant's dime. If I were the tenant, I would just keep paying the rent for 9 weeks and keep the landlord out. That is why I am usually willing to prorate the last month if they leave early. I get possession and start on any fixes and upgrades earlier and get it rented sooner. --108.44.xx.xx |
Vacating early (by Mike45 [NV]) Posted on: May 22, 2017 5:38 PM
Message:
Interesting idioms – for me, the time for the LL to make upgrades “should not be on her nickel.”
For Phil, “it will not be on the ex tenant dime.” Inflation?? Linda agrees with Phil: “should not be done on the tenant's dime.”
I wonder if this means that I am older than Phil and Linda!
When did phone calls go up from a nickel to a dime, since that is where the term comes from?
--71.38.xx.xxx |
Vacating early (by Vee [OH]) Posted on: May 22, 2017 7:34 PM
Message:
I think the rate occurred just before the large -Bell breakup-, I used to do over-the-road refrigeration and truck repairs until Dec. 1976, at that time there was a phone on I-70 just inside the western OH line that was a nickel phone, I used to call my aunt near Columbus from there to alert her I was sleeping in her driveway. --76.188.xxx.xx |
Vacating early (by WMH [NC]) Posted on: May 23, 2017 7:20 AM
Message:
Tenant is vacating 9 weeks early. She owes the 9 weeks rent.
Jeffrey recommends this landlord's approach: do these things while the tenant is still in place. Don't let your places go empty between tenants if at all possible...
He's got 9 weeks. He can probably do what he wants in less times, get it rented, and still save her some rent money!
An updated space will rent faster which should be a win-win for them both. --100.36.xx.xxx |
Vacating early (by Pattyk [MO]) Posted on: May 23, 2017 7:57 AM
Message:
I agree with WMH... Plus if LL replaces counter top or anything that she may have been dinged security deposit on... That's a wash! And if he makes a construction mess she nay not get dinged for cleaning. I'm thinking her full deposit back... After five years of living there there are some things her deposit is or was or would be dinged for. That's how she is paid. --66.87.xx.xx |
Vacating early (by Pattyk [MO]) Posted on: May 23, 2017 7:57 AM
Message:
I agree with WMH... Plus if LL replaces counter top or anything that she may have been dinged security deposit on... That's a wash! And if he makes a construction mess she nay not get dinged for cleaning. I'm thinking her full deposit back... After five years of living there there are some things her deposit is or was or would be dinged for. That's how she is paid. --66.87.xx.xx |
Vacating early (by Kyle [IN]) Posted on: May 23, 2017 8:34 AM
Message:
If the landlord was going to make the updates at turnover anyways, what is the benefit to the tenant to prevent them from being made until the lease is over? If the tenant cooperates, the upgrades may be completed and a new tenant in place before the end of the lease and the tenant would get the remaining rent refunded. If the tenant refuses the landlord access, they will pay the full amount and then the landlord will do the repairs and upgrades later. --73.102.xxx.xx |
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