Hi all. I have a problem and looking for a few suggestions to help alleviate a tenant vacating without paying problem.

Tenant left early in the month. I knew they were leaving but their lease ends at the end of this month. They moved out of state and I informed them they were still on the hook for the remainder of their lease (per agreement). They agreed.

They're now long gone and I am still owed for the month + the late fee. Unfortunately, their deposit won't come close to covering the rent + damages/cleaning.

At this point, what are my best options for persuading them to pay up? I have the ELT penalty of 1.5 months written into the lease and can use this threat if necessary.

Mail them a bill with a payment plan. 20% off for a 1 time payment, 10% off for a payment over 2 months, no discount for spreading over 3 months. Send them the bill next month with FINAL NOTICE in red printed on top.

Put on bottom of the page that failure to pay will result in additional court/collections fees too.

The ELT is history because they didn't use it.

Did they pay April rent? Does you leaee have auto renewal clause? You say lease ends the end of this month? but did they give written 30 days notice? How about keys did thye leave keys inside for you or mail them so you can take the proerty back.

If you didn't get rent April 1st why didn't you post notice and then start the non pay action with the court? That process should be in works already. Right now the tenant owes April-- and since the lease ends the end of April and they didn't give you notice they were leaving they now owe for May.

Thanks NE. Good suggestions.

@ myob: In Oregon, I can't even post the late rent/pay or quit until the 8th. They had already left the state by then. They have not paid April. Obviously (I believe) they have still broken the lease if they do not pay in full for this month so I certainly believe the ELT could remain valid if rent remains unpaid.

Also, we did receive notice that they would be leaving but reminded them beforehand that April rent would still be required

If their lease ends at the end of April, they should only owe you for April, assuming they let you know on or before April 1 that they were leaving. Why would they pay an early termination fee if they left in the last month of the lease?

Meanwhile, since they are out, and let you know they are out, clean, repair and re-rent it. Landlord up!

When tenants leave like this, they are basically saying "too bad, Mrs. LL, and you can shove the lease."

So while you may think you still have leverage to negotiate with them with the lease....they already have demonstrated they don't CARE about you or your lease. We're responsible people who care about our reputations. They aren't and don't. Make sense?

Nothing to get frustrated over. It happens. Welcome to the club!

NE's bill is a good idea to try initially. If that fails, send them to a Collection agency. Even without a judgment, if the agency can find them and hound them enough (and maybe slap it on their credit report), they may pay up if they are collectible and care about their credit. If these are transient folks who hop from job to job and have 500-600 credit scores, don't expect them to care or respond to any threats. One more unpaid account among many won't motivate them.

Spend the majority of your time and energy getting it cleaned up and re-rented. Good luck!

Be thankful they left and you have your rental back.

The good news is that you will be able to deduct all your expenses in bringing it up to a similar condition as the day they moved in. Save all your receipts.

OK I got it. Thanks.

Rent was due april 1 and when you didn't get it you should post the no pay notice. The 8th go to court and file for the non payment of rent. Unless you do that there's no court records showing they are dead beats. You have to do this to get it on the record. Credit will pick it up. They skipped out (yes they broke the last month of the contract but it's a skipout)Why would they pay ELT with only 1 month of rent owed?

You have accepted the property back so you will still need to file a civil suit for April. You were given notice but notices given with mioney owed is not PROPER NOTICE. you should have a clause in your lease stating that.

Get the civil action going. TRy to get the judgemnt if at all possible--- you never know when they may retrun t he state or need the judgment released.

Thanks all for your input.

I am working on getting up and ready to go for the next tenant. It will likely be ready to go for the following month and I have already lined up a new tenant for then.

Thanks myob, that's what I needed to hear.

JB the ELT clause vs amount of lease remaing need to be weighed. By that I mean if the contract has 6 months to go they are responcible for the time vacant-- up to rerental. The LL is responcible for documenting that the LL made every effort to aleviate financial damages to the tenant.