Lase Clause (by Patrick [VA]) Dec 9, 2017 1:12 PM
Lase Clause (by Moshe [CA]) Dec 9, 2017 2:08 PM
Lase Clause (by Patrick [VA]) Dec 9, 2017 2:32 PM
Lase Clause (by S i d [MO]) Dec 9, 2017 2:39 PM
Lase Clause (by NC INVESTOR [NC]) Dec 9, 2017 2:57 PM
Lase Clause (by Tom [FL]) Dec 9, 2017 7:20 PM
Lase Clause (by myob [GA]) Dec 10, 2017 4:33 AM
Lase Clause (by myob [GA]) Dec 10, 2017 4:33 AM
Lase Clause (by Vee [OH]) Dec 10, 2017 5:25 AM
Lase Clause (by Ken [NY]) Dec 10, 2017 6:57 AM
Lase Clause (by Patrick [VA]) Dec 10, 2017 7:05 AM
Lase Clause (by Vee [OH]) Dec 10, 2017 7:46 AM
Lase Clause (by Lynda [TX]) Dec 10, 2017 6:22 PM
Lase Clause (by Patrick [VA]) Posted on: Dec 9, 2017 1:12 PM Message:
I'm looking for a lease clause to terminate a tenants right to possession without terminating the lease over non payment of rent. I am sure this is allowable in Va but not sure how to word it.
The only way I want the lease to terminate is if it expires, or a new tenant takes over.
If I issue a Pay or Quit, and he leaves, in the eyes of the lease and the court, I want him to remain responsible for the rent during the time the house is empty or repairs are being made.
I currently use this clause, but am not sure it goes far enough:
If RESIDENT should move from the premises prior to the expiration of this time period, he shall be liable for all rent due until such time that the Residence is occupied by an OWNER approved paying RESIDENT and/or expiration of said time period, whichever is shorter.
Any help with the clause would be appreciated. --100.4.xx.xx |
Lase Clause (by Moshe [CA]) Posted on: Dec 9, 2017 2:08 PM Message:
Tenants rights to terminate the lease are given in the law, not in the lease.
The same goes for LL's righta.
--47.139.xx.xxx |
Lase Clause (by Patrick [VA]) Posted on: Dec 9, 2017 2:32 PM Message:
Moshe...The right may be in the law, but if it is not worded correctly in the lease, you wont be able to enforce it. At least thats the way it is here in Va. --100.4.xx.xx |
Lase Clause (by S i d [MO]) Posted on: Dec 9, 2017 2:39 PM Message:
Patrick, I don't think you need anything special. The lease duration is the lease duration. If a tenant moves out, they still owe rent...until such time as you mutually agree to terminate the lease, the lease expires, or the lease is terminated by act of law (i.e. judgment for possession).
Perhaps I'm not understanding the scenario you're trying to address. Can you give a specific example of what has happened in the past or what you think could happen that would make this lease clause necessary? --173.19.xx.xxx |
Lase Clause (by NC INVESTOR [NC]) Posted on: Dec 9, 2017 2:57 PM Message:
The following is the clause in my lease written by the NC RE Comm.It is legal here but you should check with your state commission.
Termination of Tenant's Right of Possession: In the event Landlord terminates the Tenant's right of possession without terminating this lease, Tenant shall remain liable for the full performance of all the covenants hereof, and Landlord shall use reasonable
efforts to re-let the Premises on Tenant's behalf. Any such rentals reserved from such re-letting shall be applied first to the costs of re-letting the Premises and then to the rentals due hereunder. In the event the rentals from such re-letting are insufficient to pay the
rentals due hereunder in full, Tenant shall be liable to the Landlord for any deficiency. In the event Landlord institutes a legal action against the Tenant to enforce the lease or to recover any sums due hereunder, Tenant agrees to pay Landlord reasonable attorney's fees
in addition to all other damages --71.75.xx.xx |
Lase Clause (by Tom [FL]) Posted on: Dec 9, 2017 7:20 PM Message:
If rent is paid on time. HOWEVER IF there is damage or other breaches of the lease then post the notice.
OR
Cash for Keys! This is not working out if you are out in $30 days here is x amount of dollars. of course list the things tenant needs to do to earn the cash in the move out letter. --99.56.xx.xx |
Lase Clause (by myob [GA]) Posted on: Dec 10, 2017 4:33 AM Message:
always had a problem with terminating leases. My mind says "I terminate the lease" than I want to collect on what was just terminated. If it's over its over?
Notice is usually written "terminate the lease for violating terms" how can you go back know and say oh I really only wanted to terminate 1 paragraph and still want money for rent?
I'm not talking damages to unit- just rental income lost.
Not saying we don't add it to the tenants bill but we do make sure we show we re rented asap. --99.103.xxx.xxx |
Lase Clause (by myob [GA]) Posted on: Dec 10, 2017 4:33 AM Message:
always had a problem with terminating leases. My mind says "I terminate the lease" than I want to collect on what was just terminated. If it's over its over?
Notice is usually written "terminate the lease for violating terms" how can you go back know and say oh I really only wanted to terminate 1 paragraph and still want money for rent?
I'm not talking damages to unit- just rental income lost.
Not saying we don't add it to the tenants bill but we do make sure we show we re rented asap. --99.103.xxx.xxx |
Lase Clause (by Vee [OH]) Posted on: Dec 10, 2017 5:25 AM Message:
Because this varies from court to court the early termination agreement came alive in our leases much like the mobile phone market however there is no discount on those - they ride out full term. Before you add something you need to understand your local tenant rules along with state rules, have you presented this question at a local landlord meeting? I also suggest observing how this works in real life by attending housing court often - this time of year judges often mention the rule change coming in the new year. --76.188.xxx.xx |
Lase Clause (by Ken [NY]) Posted on: Dec 10, 2017 6:57 AM Message:
An eviction notice terminates the lease, you can't put something in the lease that supercedes law --72.231.xxx.xxx |
Lase Clause (by Patrick [VA]) Posted on: Dec 10, 2017 7:05 AM Message:
SID;
I have posted about the Navy Guy who was dealing with depression and trashed my house. I issued him a 5 day notice to quit. The the 5 day notice to quit was issued on the 4th of November. On the 17th on November he moved out without paying anything that was owed.
So now I want him responsible for the rent until I get the house re-rented. Some on this forum have said that once I gave him the 5 day notice to pay or quit, and he quit, I terminated the lease. They say since the lease was terminated, I cant get anything else.
So my question is how do I word that if they dont pay, they get kicked out without terminating the lease. --100.4.xx.xx |
Lase Clause (by Vee [OH]) Posted on: Dec 10, 2017 7:46 AM Message:
Possession and contract liability are different, read your tenant laws. --76.188.xxx.xx |
Lase Clause (by Lynda [TX]) Posted on: Dec 10, 2017 6:22 PM Message:
Patrick, 2 things:
1-I think you gave him the wrong notice. You shd have given him a notice to CURE the lease violation within so many days. When you gave him the notice to pay or quit, you gave him a choice--and he chose to quit. He owes you all unpaid charges--AND rent of 1-16 Nov + your Nov late fees. I don't think you can continue to hold him to the remainder of the lease now because you gave him the choice to be out. And, with that OUT it is understood that his responsibilities to pay rent end at that point.
2-I already answered the question of how to hold him to his responsibility to pay what you are owed--by contacting his chain of command. This info shd be on your application under job, or references. If he is enlisted, talk to his 1st Sergeant or Top Sergeant. If he is an officer,talk to his Company Commander. Every single person in all branches of the military answers to someone. Start your protest where it will do the most good.
When you find the right person in his chain of command, send a copy of the lease, a copy of all notices, an acctg of money owed, and an estimate of repairs to the property with photos! They will take care of it. I know this because my DH was a 1st Sergeant and MANY times he had to call the service member, spell it out and get a "voluntary" allotment from his pay to cure the issue. --108.87.xx.xxx |
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