Q: What should I do if the tenant moves out earlier and refuses to pay the rent?
I had a tenant with a lease agreement in effect from January 1, 2023, to December 31, 2023. Recently, this tenant approached me, requesting to vacate the premises two months earlier than the agreed-upon end date because they had purchased a house with a closing date set for October 31, 2023. Their proposal was for me to allow them to owe the two months' rent for November and December.
In response, I informed the tenant that I was open to this arrangement on the condition that we find a new tenant to occupy the property immediately after their departure. If a new tenant is secured, the two months' rent (November and December) would be forgiven. However, if we are unable to find a replacement tenant, the tenant would be responsible for paying the rent for those two months.
We also discussed conducting a thorough inspection of the property to determine the necessary fixes or cleaning required before making any decisions regarding their security deposit.
A: Based on your post, if you want to go after the tenant for the unpaid rent, then you need to take the tenant to Court and seek a money judgment for the 2 months of unpaid rent.
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.