Q: What are my rights as a landlord whose tenant breaks their lease?
I have a lease with my tenants that expires next February 2016. They have been late payers and last month they told me they'd pay their rent in two payments which extended through the end of the month. I said no and said need full payment as described in the lease. They did not respond. I learned today that they moved out without notifying me. They owe for May's rent plus $15 per day late fee. It's June 2 and I was going to file docs with the court tomorrow to begin eviction and restitution proceedings. Now that they have moved what can I do to enforce the terms of the lease that requires them to make rent payments of $1015 per month through next February 2016?
If I can't enforce the entire lease is there a way to get a judgement for at least the month of May plus late fees? It seems that they are obligated to fulfill the terms of the lease until I find another qualified renter.
What are my options?
The terms of the lease should be reviewed.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
You have 2 options:1 file a forcible detainer action now for the rent and late fees and attorneys fees due now, or wait until the property is re-rented and sue for rent and late fees until that point. Since, you are not likely to collect a lot of $ from the tenants, you may consider suing them now, so that at least you get possession. Please inspect the property to see if its damaged and include estimates of the damages in the suit along with the rent and late fees. Contact our office if you have any questions.
Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.