Breaking the Lease
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Breaking the Lease (by Ardeena [CO]) Apr 14, 2009 2:37 PM
       Breaking the Lease (by Gail [GA]) Apr 14, 2009 4:07 PM
       Breaking the Lease (by MrRational [MD]) Apr 14, 2009 4:30 PM
       Breaking the Lease (by Ed [TX]) Apr 14, 2009 6:58 PM
       Breaking the Lease (by Virden [OH]) Apr 14, 2009 8:49 PM
       Breaking the Lease (by Nancy [IN]) Apr 15, 2009 10:10 AM

Breaking the Lease (by Ardeena [CO]) Posted on: Apr 14, 2009 2:37 PM

State Specific Question About: COLORADO (CO)

I have a tenant who is breaking the lease. They are leaving the end of April, and I am now showing the home. However, it is a mess and everyone is commenting on that! I cannot get them to clean it up and I am afraid that I will not be able to rent it until they are out and I have cleaned it up. Am I able to deduct lost rent from their Security Deposit? What about advertising costs? Thank you for your help.

Breaking the Lease (by Gail [GA]) Posted on: Apr 14, 2009 4:07 PM

Yes to both. If the security deposit does not cover all of this, sue them for the rest.


Breaking the Lease (by MrRational [MD]) Posted on: Apr 14, 2009 4:30 PM

after these folks are out and you have the place looking good again... take a LOT of pics.

they'll be useful for future advertising so you don't have to show a unit during the last 30 days of tenancy (even the best tenants will have a mess then) and of course if/when you need to prove how much damage was done by future tenants.

Breaking the Lease (by Ed [TX]) Posted on: Apr 14, 2009 6:58 PM

They are liable for the montly rent until their lease ends or up until you rent it before the end of the lease. When you rent it, their liability ends and of couse,ends at the end of their lease.

You can deduct any damages beyond normal wear and tare, for cleaning expenses and most condition beyond to what is was when they moved in.

It has been pretty normal for me to have to wait until they are out to do anything. If everything exceeds the security deposit, its usually not worth it to file on them.

Breaking the Lease (by Virden [OH]) Posted on: Apr 14, 2009 8:49 PM

Take a lot of pics of the damage they did after the unit is empty of all food furnishings and packages, then repair, repaint and rerent. The broken lease itself should swallow the deposit, but be sure to offer repair estimates and repair receipts for what it takes to get the unit looking nice like it was when the existing folks moved in. Take new photos of the nice place with the new tenants in some pictures in case you have to use them during court to prove damages, I try very hard to get the tenant head turned when they look inside the sparkling fridge racks and veggy glass shelf, when the family is in court complaining about how filthy the place was and they spent 2 weeks cleaning it before they actually moved in I pull out that picture and let the judge ask is this you with your head in the clean fridge that looks like it is new? End of story, plaintiff wins another.

Breaking the Lease (by Nancy [IN]) Posted on: Apr 15, 2009 10:10 AM

I offer my tenants $100 if they keep it in showroom condition and if I am able to secure a signed tenant (plus funds) before they move out.

Of course, this only works with reasonable people, not slobs. I have paid off on this several times and often returned more money back to the tenant than I collected in SD (bonus plus SD return).

If they are real sloppy, I simply tell them what needs to be done if they wish me to show it. I tell them that I will not get a tenant if they do not do these things, and I am happy to wait until they are out if they prefer not to do any cleaning/decluttering.

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