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Landlord--SOS
Old 07-16-2006, 09:24 PM   #1
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Landlord--SOS

I am in a jam and would appreciate some some expert advice from the experiened Landlords on this forum.

I am in the military and just prior to my departure from the last duty station, another military member inbound to the area signed a lease to rent my house for the next 12 months.

One week prior to the move in date, he called to inform me that he would not be coming (move not cancelled by military) and wanted out of the lease.*


Am now out of the area and may have to hire a management company (was managing property myself) and potentially lower the rent to attrack a new tennant as there are more houses on the market now.

Additionally, I have had incur new expenses to re-advertise the property in the newspaper, put up signs,* etc..

What options do I have to hold him to the original terms and conditions of the lease he signed and recoup the additoinal expenses?* Please provide your thoughts and additonal recommendations. Thanks in advance.

VANGUARDROI
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Re: Rental Legal SOS
Old 07-16-2006, 09:29 PM   #2
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Re: Rental Legal SOS

Did you get a security deposit or advance rental as part of the original agreement?

If not, sounds like it might be more trouble to go after him than it would be worth, what with both of you moving around, presumable small amounts of $ involved. Consider it tuition for a lesson learned in your future real estate investment career.

Just my opinion; you probably have a case for breach but is it worth it?
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Re: Rental Legal SOS
Old 07-16-2006, 10:16 PM   #3
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Re: Rental Legal SOS

let him go and work hard to pursue new tenants. the time, the effort, the headache, the aggrevation are not worth it. In my early years of landlording i tried to go after every single "deadbeat" tenants, turned out i got myself a tons of stress and no money insight.

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Re: Rental Legal SOS
Old 07-16-2006, 10:45 PM   #4
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Re: Rental Legal SOS

Since you collected 1 months deposit and have that money in the bank and have his first months check in hand ready to cash on the 1st or there will be criminal actions against him if it doesn't clear.* I would say you're in the cat bird seat.

But you need to deal with the Rental God.* Like Enuff2Eat says it is not worth the trouble to chase.* Negotiate.* If the guy has a real life issue, even tho it's not your problem work with him.* If he's just being a jerk it's not all his fault..you picked him!* Remind him he made a legal obligation and YOU have obligations based on his commitment and they may not be as forgiving as you. Sometimes people just test to see what they can get away with.* Be firm, be fair.* But cut your losses
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Re: Landlord--SOS
Old 07-17-2006, 06:51 AM   #5
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Re: Landlord--SOS

Start interviewing property managers now. Call around to your buddies still in the area if they can refer you to a PM and watch the property. The more time you waste chasing this guy the less time you have to get someone else in the house. At least he didn't move in and then decide not to pay. Can you imagine filling an eviction hundreds or thousands of miles away?
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Re: Landlord--SOS
Old 07-17-2006, 07:02 AM   #6
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Re: Landlord--SOS

You are wasting you time and money trying to go after a military member due to change of their official orders.*
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Re: Landlord--SOS
Old 07-17-2006, 09:39 AM   #7
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Re: Landlord--SOS

The Soldiers and Sailors Relief Act can put a crimp on exercising remedies against people in active duty. Information can be found at the DOD website: http://www.dod.mil/specials/Relief_Act_Revision/

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Re: Landlord--SOS
Old 07-17-2006, 10:27 AM   #8
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Re: Landlord--SOS

You could file in small claims court. Since you'll have moved by then, you'll need a friend to represent you. Some states are more landlord-friendly than others.
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Re: Landlord--SOS
Old 07-17-2006, 10:32 AM   #9
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Re: Landlord--SOS

Like Martha said....
When I got orders to move I showed them to my apartment manager in Maryland, he rolled his eyes because he knew that they get like one months termination fee (its been 29 years now, so I don't remenber the details). But you will have to sue the govt, not the renter. In other words, its more trouble than its worth.
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Re: Landlord--SOS
Old 07-17-2006, 10:46 AM   #10
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Re: Landlord--SOS

Quote:
Originally Posted by VANGUARDROI

One week prior to the move in date, he called to inform me that he would not be coming (move not cancelled by military) and wanted out of the lease.
I interpreted the above to say the new renter's orders were not changed, thus it was an individual decison by the new renter to back out of the lease. In that case I don think the provisions of the SSRA would apply.

That said, I agree that it is probably more trouble than it is worth to go after the individual.


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Re: Landlord--SOS
Old 07-17-2006, 07:59 PM   #11
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Re: Landlord--SOS

WWW.mrlandlord.com
has all the laws on their website. You could also post the question there.
You dont have to hire a property manager there are services that get you tenants.
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Re: Landlord--SOS
Old 07-19-2006, 02:19 PM   #12
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Re: Landlord--SOS

Since your tenant chose to not keep his agreement at his new post, can you work through the chain of command to reach his commanding officer? Not keeping his word or having financial difficulties is knowledge that his CO needs to know about.
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Re: Landlord--SOS
Old 07-20-2006, 03:45 PM   #13
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Re: Landlord--SOS

Just write it off.* *On the scale of a landlord's misfortunes it's zip.* *
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Re: Landlord--SOS
Old 07-21-2006, 10:37 PM   #14
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Re: Landlord--SOS

I'd let it go too, but next time around I'd ask for a good sized deposit that is non-refundable.
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Re: Landlord--SOS
Old 07-22-2006, 09:54 PM   #15
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Re: Landlord--SOS

Success!!

Thanks all for the spot-on advuse. Members chain of command fixed issue at hand and tennant is now going to occupy after all.

Great advise from the forum and lessons from the school of hard knocks!

VANGUARDROI
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