My renter is breaching our lease contract.

Won
Home Seller
Arizona

My tenant purchases a house and they are breaching our lease contract and moving within the same community. If we are unable to work out some type of solution and unable to rent out the home within a timely manner and we get a judgment again them? If we decide how do we begin? Thank you!

Answers (5)
Lynn911.com Dal...
Agent
Dallas, TX

Review your executed lease agreement. The terms will identify performance of tenant & landlord and proceed via those conditions. Confer with attorney.

Web Reference: http://www.lynn911.com
Fri Feb 6 2009, 18:17
Don Dutton
Agent
Puyallup, WA

Your best option is work cooperatively with your current tenant in hopes that they will keep the home in good shape and allow showings right away. Just find a new tenant. Hiring an attorney will cost you more money than it's worth. By the time you could get a judgement they'll already be in their new home so that is not a big threat. Collecting on judgements is no easy matter either. This is just part of being a landlord.

Fri Feb 6 2009, 09:40
Mary Sunde
Agent
Kirkland, WA

Won
This is a legal question and you need to consult an attorney that specializes in real estate. If you don't have or know an attorney in this area I can highly recommend Leslie Drake of Zeno, Drake and Heisley in
Kirkland 425-822-1511x223/http://www.ldrake@zdhlaw.com. I can also recommend a leasing agent should you choose to retain one.
Mary

Fri Feb 6 2009, 07:33
Ken Jacobs
Broker
Redmond, WA

First of all, what does the lease say in regards to early termination? Do you have a security deposit from the tenant? In the past, when faced with similar situations, I've tried to work with the tenant to minimize the financial impact for all parties. I would first try to locate a new tenant. Speak to the current tenant about keeping the property in top showing condition to help you in that regard, as it's in their best interest as well. Most leases specify that the tenant would be responsible for the cost of re-leasing the property as well as any lost rent incurred if the tenant defaults. If you have a security deposit, it could be deducted from that. Discuss that with the tenant, and see if you can come to an agreement on expenses. If you have trouble re-leasing the property at the current rent amount, you could also lower the asking rent and negotiate with the current tenant on paying any difference for the remainder of the lease period.

If the current tenant is uncooperative in this regard, then it would be wise to speak to an attorney to go over the lease agreement and discuss your options.

Fri Feb 6 2009, 06:48
Bill Eckler-Flo...
Agent
Venice, FL
FIRST ANSWER

Won,

You have options that can best be explained to you by an attorney. Our recommendation is to consult an attorney to review tour lease agreement and then decide how you wish to proceed.

Good luck

Fri Feb 6 2009, 04:32

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