Tenant breaking lease

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tkerr

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I own a condo in dc. I have a lease with my tenant through the end of september. I informed my tenant at the beignning of this month that I would be moving back into my condo at the end of the lease.

My tenant contacted me a week ago to inform me that he had made arrangements to move out by August 1. I now have to pay rent where I am currently living as well as cover the morgage for the condo that he is renting. Do I have any rights to withold any of the security deposit to help cover part of the costs for his breaking of the lease?

He has been a great tenant but does not seem to understand that he has put me in a bad financial situtation.

Please let me know if I have any rights as the owner with a signed lease.
 
Well, as I look at the actual lease, I don't see anything that actually says anything specific. In the beginning of the lease it states the terms of the lease, Oct 1, 2007 to Sept. 1, 2008, when payment is due, etc. then at the end of the lease when it refers to security deposit, it states that the amount is to be retained as a security deposit for the performance by tenant of all covenants, conditions and terms of the lease. If landlord reposseses dsaid premises because of tenant's default or because of tenant's failure to carry out the covenants, conditions and terms of the lease, landlord may apply such security on account of all damages suffered by reason of the tenants default or breach.
 
The lease goes to September 1, 2008? (I'm assuming you really meant September 30st since your initial posting indicates the lease goes through September, 2008 and it would make more sense that the lease would begin October 1, 2007 and end September 30, 2008, correct?)

Your tenant is breaking the lease two months early. In addition, he did not notify you at least 30 days in advance of his moving August 1st. In other words he is violating the terms of the lease.

His security deposit can be used to pay for the remaining rent that he owes. If this does not cover all of the 2 months rent, you have the option of taking him to court (typically small claims court) to collect the additional rent.

Under normal circumstances, a landlord has an obligation to attempt to rerent the unit as soon as possible (i.e., after any damages from the previous tenant have been taken care of). However, it would be unreasonable to assume that someone would wish to rent a place for just a month or two.

Try contacting your tenant and letting him know that you expect him to complete the obligations of the signed lease.

Make sure after he moves out that you notify him (within the time period required by your state) of the status of his security deposit, even if you are keeping all of it to pay his rent.

Gail
 
You are correct that the lease goes until Sept. 30, 2008. I had let him know that as of Oct. 1, I would be moving back into the unit and that I was giving him a 3 month notice. I told him to let me know if he found something before then. Does my saying that to him give him an out to give me less than 30 days notice? I really did no expect him to write me a week later and tell me he would be moving out Aug 1. Because of this I have to cover the rent(my mortgage) that he would have paid for August as well as my own rent because I was unable to provide sufficient notice to my landlord, less than 30 days notice.

He has been a great tenant overall but I am taking a 1800 hit and would feel comfortable if he had to share a bit of the burden of moving out early. Even if we split the difference. I just don't want to get sued by him if I hold his deposit toward unpaid rent.
 
You are within the terms of your lease. If the tenant moves before lease expiration without your consent then he is in breach and thus owes rent until a new tenant is found.
 
I want to thank you all for your advice. Although I feel bad to hold any money back from my tenant, I don't think he understands the postion he has placed me in financially. I am having to cover his rent for August as well as my own, and since I am planning on moving back in, there is no way for me to recoop part of that money. The main thing is that I do not want any lawsuits or threats made after the fact. Any advice on how to word a letter to him regarding holding his deposit for moving out early?
 
I have been speaking with an attorney friend in DC and she said that I was supposed to register as a landlord with the business license division. I had no idea nor do I know if that negates any rights I have. It makes no sense that a tenant who leaves early has more rights than I do. Does anyone know for sure?
 
http://mblr.dc.gov/main.shtm

If you highlight "Get Basic Business License Requirements" (the left side of the page) and then go to "single family rental", it does indicate that a basic business license is required to be a landlord in Washington DC.

It is doubtful your tenant realizes this.

You might consider contacting these folks to see if this applies to folks who sublet.

Gail
 
I read that yesterday. I just don't know what to do now. I had to cover his rent for August and my own and it doesn't seem fair that I have no recourse. I had no idea about the license requirement but I would not think that should negate his repsonsibilities either. Should I just chalk it up to a learning experience?
 
Sure you have a legal recourse. You can continue to pursue him regarding the rent he owes for breaking the lease early.

It's up to him to find out about this license business.

Gail
 
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