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 rental tenant wants to move out after 1 month stay, agreement is 1 year

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Harvey Specter
post Jul 9 2020, 01:38 PM

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QUOTE(Zwean @ Jul 9 2020, 11:09 AM)
Why don't you consider the new tenant?

Don't shut the door to the possibility, review the new tenant's background first including a CTOS check. If not desirable first decline.
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mini orchard
post Jul 9 2020, 02:58 PM

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in a contract, not even a lawyer can stop a breach by either party. To link a lawyer to the breach is like asking for life guarantee that the contract cannot failed.

All remedies are provided in the contract for any breach and the plaintiff can act on the clause if negotiation fails.

Coming back to the agent ..

The contract between the landlord and agent is to secure a tenant. Once the landlord accepts the tenant's offer to rent and the tenancy signed, the agent contractual duty is over and the landlord is deemed to have taken over the risk.

The agent, like a lawyer, cannot guaranteed that landlord or tenant complied with the terms of the TA but they can help to negotiate for an agreeable settlement. Is up to both party to accept or otherwise.

If the tenant eventually moved out, is up to the agent whether he wants to find a replacement tenant for the landlord out of goodwill but one cannot ask a lawyer for foc service to sue. You must pay more fees for further legal actions !

Alternatively, the landlord can accept the replacement tenant suggested by the defaulting tenant and sign a new tenancy agreement. In doing so, deposits have to be refunded after deducting any damages to the property, outstanding utilities and rental for void period.

A landlord cannot stop a tenant from damaging his property and that is the risk for letting others to live in the property.

This post has been edited by mini orchard: Jul 10 2020, 01:21 PM
yeeck
post Jul 9 2020, 03:03 PM

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QUOTE(hummels @ Jul 9 2020, 10:29 AM)
tenant must give 1 month notice, or less all deposit burn
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1 or 2 months notice near the completion of the 1st year tenancy usually or after the 1st year tenancy ends, not within the 1st year period itself!
yeeck
post Jul 9 2020, 03:05 PM

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QUOTE(Pugface @ Jul 9 2020, 10:22 AM)
i am considering but this tenant has been troublesome from day 1. request additional home appliances and furniture then declare move out just like that. thinking to forfeit him 2 months straight but takut risk also. 1 month also not necessary zero risk because tenant appear to be super entitled and oblivious to these things.
i definitely would not want his friend.

my agent keep ask me what to do. i have to sendiri check agreement. cant advice me. haih
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Wow your agent just born yesterday....all the best to you!
chamelion
post Jul 9 2020, 03:23 PM

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Nothing really got to do with the agent, contact the tenant yourself.
Talk to the tenant nicely. At the moment the situation is not favourable to you as your property is on the table. This is very common for a house owner.

In reality, it is impossible to get more $$ or compensation from tenant regardless of your contract.

Just refund 0.5 months and tell him you will refund rest (1.5 months + 0.5 utility) upon next tenant come in and upon minus the usage. The start of the timeline will depend on the time he moves out and surrenders the key. As long he stays in the unit, the rent will be count.
Ask him to move out asap so that you can return him more.

The earlier the unit can get tenant, more you will refund concept but these need to be at yours discrete.

Next, my advice to you is to keep 1.5+0.5.

This will be the best resolution for you where you maximise the protection of your property with 2 month profit.


Don't take his new tenant suggestion. If his friend wants to rent, ask him to get his friend to contact you. For the refund etc, they need to settle among themself upon his exit and his friend engage contract with you instead proxy through you.

This post has been edited by chamelion: Jul 9 2020, 03:27 PM
peter6567 P
post Jul 9 2020, 03:38 PM

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also sounds fishy, even suddenly new house can take key also need need spend 3 months above for defect rectification and Reno guaaaa...
timeonce
post Jul 9 2020, 09:23 PM

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Can try speed home. They got sell u alliance insurance which I take incase no rental on time and etc. 2 months pay but better than zero. Some more fast rent out.

Good luck ya ts
TSPugface
post Jul 10 2020, 10:37 AM

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Zwean
post Jul 10 2020, 05:53 PM

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QUOTE(Pugface @ Jul 9 2020, 09:24 AM)
» Click to show Spoiler - click again to hide... «


UPDATE : informed tenant forfeit 2 months. if my house is fine, i will pay off bills, provide receipts and return the balance of half month utility.
this sunday move out. will meet tenant then.

tq all. hope my house not set with bomb or has been bombed
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Refund only they vacate the property.

 

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