Should I bother suing a tennant that wants to break their lease?
On the downside, they still have three months left on their lease, so it's a good sum (a little less than 1800). However, the tennant has gone on disability and can't afford the rent. In addition, they have photographic evidence of things that have yet to be repaired and a remaining bug infestation. On the positive side, the unit is overdue for a makeover and this would be a nice opportunity to fix it up. Looking for outside opinions right now, as they are willing to leave their security deposit.
- FoofaLv 75 months ago
I wouldn't because you could end up being in violation of the ADA and that could represent a very expensive countersuit. I had a tenant bail because of "bad vibes" in my rental unit and found out he's schizophrenic and thereby protected by federal law.
- NosehairLv 75 months ago
Offer the tenant a reduced settlement (maybe 50%) and if necessary take payments on it but write up a promisory note and have the tenant sign it. It will be a lot of effort and frustration suing the tenant and if he/she doesn't have the money you won't get it even if you win in court. "You can't squeeze blood from a turnup". Be flexible and move past this.
- xxx000auLv 75 months ago
You go to court against a disabled tenant and I know which side I would bet my money on.
The court will laugh in your face.
- ArimatthewdaviesLv 75 months ago
You need to make the tenant aware that if they break through these that legally entitles you to retain their deposit. that is of course unless they're breaking their lease because of the bugs and the disrepair. and if that's the reason that they're breaking their lease and they can prove it you have to give them back their deposit. Or you're going to wind up in court with them presenting the evidence to the judge and not only are you going to have to give them back their security deposit you're going to have to pay for them to find a new place to live. Best course of action here is to give them back there security deposit and let them go out the door. If they're ready to sue you you have to be aware that they're probably ready to sue you because the buildings in disrepair and full of bugs and they have a legitimate reason to break the lease unless you want to pay to have them move give them their money and let them move out the door
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- Anonymous5 months ago
If you can't spell tenant you have NO chance of a Judge taking you seriously.
- StephenWeinsteinLv 75 months ago
No. If the tenant has no money and is on disability, then there is no point to suing, because you won't be able to collect anything even if you win.
- 5 months ago
If you have not fixed things, etc, they may win constructive eviction and YOU may owe THEM money.
You are also wasting your time. If you sue them and win, they already can't pay the rent, so how would you even collect if you did win?
They don't need to be willing to leave deposit. You take it, they are breaching the lease.
- CLv 75 months ago
Are you serious? If you sue them what do you expect to get? Once you close the gap between the repairs and infestation problem and the security deposit you're keeping I doubt there's a "good sum" to be lost and if they don't have any money where do you suppose it will come from?
- Goldfly252000Lv 75 months ago
If they are willing to leave the security deposit I'd let them go. First off you can't get blood from a stone, so if they don't have money then you won't get it. Second that upgrade, yeah you would have to pay for the repairs and such. So you really won't be getting their money to pay for those upgrades, you'd need to make them anyway and it's likely to come out of what they owe you since they'd be breaking the lease first.
- Anonymous5 months ago
I would just collect the security deposit and call it a day. He lost his job and can not afford the rent. Suing him for what he doesn't have it.