Tenants infant son died. They want to break the lease.?
My current tenants moved in on April 19, 2019. As of today July 20, I have not received any rent payments. I just received an email stating that their infant son died in the unit on the 4th of July and they would like to be released from the contract (1 year) due to their association of his death with the unit.
How should I handle this? Of course I feel saddened by their loss, but on the other hand I have not received any income for 4 months now, and I m scraping the bottom of the barrel to meet my own obligations.
I would like to release them from the contract on the condition that the ballance due be brought current. Is there anything else I should get such as the costs associated with securing a new tenant?
- 6 months agoFavorite Answer
They pay rent until you can re-rent the place (and bring the rent current, of course), but otherwise, no reason not to release them. They can't just not pay though. You feel bad, but their issue is not your issue. Costs for new tenant can come out of their deposit.
- Common SenseLv 76 months ago
So, basically, they lived rent free. I wonder why you did not evict them after they failed to pay rent after the first month of non payment. How many more months would you have allowed them to live in your unit for free. I just do not understand.
Anyway, yes, release them from the contract under the condition they are current with the rent. In spite of their tragedy of losing their child, look at the income you have lost and how it is effecting your finances. Those tenants are losers and I just do not know how they cn sleep at night.
- Raymond L.Lv 46 months ago
Seriously? Not since April. Whatever u do get them evicted as soon as u can.
Negotiate with them later about what they owe you.
Evict them NOW!
- curtisports2Lv 76 months ago
Why did you not issue a 3-day pay or quit notice the first month rent wasn't paid, and start the eviction? You have dug your hole much deeper. They will never agree to 'bring you current', or if they do, you'll never see the money. Get them into court ASAP.
- How do you think about the answers? You can sign in to vote the answer.
- R PLv 76 months ago
Why did you allow your tenants to get so far behind on their rent? You should have started the eviction process as soon as they were late the first month.
- fireflyfliesbyLv 76 months ago
If you have not received rent for the last four months, you aren't cut out to be a landlord. What on earth have you been doing since April 20th? Sitting on your hands? Asking nicely? Crap like this is how investment properties get run into the ground.
You shouldn't have given them keys without payment for April. If they were paying everything in May, you should have hit them with a notice to vacate due to unpaid rent. You should have filed for eviction months ago. If you had, you'd have your property back and re-rented by now. Now you're teetering on the outside of the busy season and looking down the barrel at potential vacancy that will cost you even more money.
At this point, your best bet is to chalk this up to an apparently massive learning curve. Get possession of the property back. They are legally responsible for rent until the lease is up or a new tenant moves in, whichever comes first. You can then sue them for rent owed. Then you should hire a property management company.
- JudyLv 76 months ago
Are you sure that is even true?
- StephenWeinsteinLv 76 months ago
Since they're not paying rent anyway, if you don't release them, they're going to continue not paying. Either you'll continue not getting rent, or you'll evict them. Either of those options will cost more than releasing them. So you might as well cut your losses and just release them.
- A HunchLv 76 months ago
They are going to leave anyways and the chances that you get any rent money re-paid is slim.
So start "dealing" with them to cut your losses. Specifically spell out the terms in writing:
"My" options would be:
- released from all rent due if they allow you to start showing the apartment on Monday, July 22 (due not need 24 hours to show), are completely out by Saturday, July 27, it's the exact same condition as the moved in, and you keep the deposit (i.e. You can rent it for August).
- pay 1 month rent by end of day July 24th (3 business days), you keep the deposit, they can remain until July 31st, place must be in the same condition as they rented it.
- pay 2 months rent (one month due July 24th; the other August 1st), you keep the deposit, they care remain until August 31, place must be in the same condition as they rented it.
Note: I wouldn't give them all these options. I would ask the when they wanted to be out. If they say July 31, you can say "would you be interested in being out by July 27th and I waive all the past due rent"?
Assuming they paid 1st month rent before move in, they are 2 months behind on rent. And starting the 3rd month.
- Rick BLv 76 months ago
I would explain that you will let them out of their lease as soon as they are current on their rent payments.