Terminate agreement
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Terminate agreement (by Marv [CA]) Jul 19, 2021 1:27 AM
       Terminate agreement (by Robert J [CA]) Jul 19, 2021 3:32 AM
       Terminate agreement (by Marv [CA]) Jul 19, 2021 5:12 AM
       Terminate agreement (by DJ [VA]) Jul 19, 2021 6:59 AM
       Terminate agreement (by Ken [NY]) Jul 19, 2021 8:41 AM
       Terminate agreement (by MG [NJ]) Jul 19, 2021 10:24 AM
       Terminate agreement (by Allym [NJ]) Jul 19, 2021 11:01 AM
       Terminate agreement (by Moshe [CA]) Jul 19, 2021 11:51 AM
       Terminate agreement (by Nicole [PA]) Jul 19, 2021 12:33 PM
       Terminate agreement (by MC [PA]) Jul 19, 2021 12:47 PM
       Terminate agreement (by Marv [CA]) Jul 19, 2021 2:33 PM
       Terminate agreement (by Still Learning [NH]) Jul 19, 2021 3:56 PM

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Terminate agreement (by Marv [CA]) Posted on: Jul 19, 2021 1:27 AM
Message:

State Specific Question About: CALIFORNIA (CA)

My situation:

New tenants signed a month to month rental agreement.

They are scheduled for 8/1/21 move in.

On 7/17 she texts me that she wants to terminate the agreement.

They've paid rent & deposit.

They were given keys to the place.

Since they haven't moved in can the agreement just be recinded or do I have to do a 30 day notice of termination?

I think they should minimum pay for new locks because I don't know if they made copies.

I have never had this happen before.

--71.93.xxx.xx




Terminate agreement (by Robert J [CA]) Posted on: Jul 19, 2021 3:32 AM
Message:

They need to give you 30 days written notice and return the keys. You then need to mitigate your damages and try to rent it out ASAP. If you rent the place before the 30 days is up, then you must refund them the used portion of the rent. You can not collect double rent for the same period.

You can charge them your cost to place ads, rekey the locks, etc. Because they only have a month to month tenancy, if you have tor rent out he property for less rent, you could have made them pay the difference if they had a year lease. --47.155.xx.xxx




Terminate agreement (by Marv [CA]) Posted on: Jul 19, 2021 5:12 AM
Message:

Robert,

Thank you for your reply.

I understand the laws regarding what you posted.

I'm wondering if I/ we can forgo the 30 day notice since they haven't moved in.

I was thinking of a settlement statement that says they are recinding the rental agreement and will pay for the cost of replacing the locks.

That way they're gone & I can put it back in the market.

--71.93.xxx.xx




Terminate agreement (by DJ [VA]) Posted on: Jul 19, 2021 6:59 AM
Message:

I agree with Robert. 30 days notice and all the normal procedures are needed.

If they paid & took keys, they have possession.

It was their decision to not physically move in any furniture yet.

They could have. --68.229.xxx.xxx




Terminate agreement (by Ken [NY]) Posted on: Jul 19, 2021 8:41 AM
Message:

I would charge first month rent and keep the security deposit for not giving me a proper 30 day motice.I wouldnt tell them that till they put in writing that they arent moving in.I got sued once for return of rent and security once and i won because they had already received the keys,doesnt matter that they didnt move in --72.231.xxx.xxx




Terminate agreement (by MG [NJ]) Posted on: Jul 19, 2021 10:24 AM
Message:

I would refund the deposit and keep the month's rent treating it like MTM with about 45 days notice. --71.104.xx.xxx




Terminate agreement (by Allym [NJ]) Posted on: Jul 19, 2021 11:01 AM
Message:

What MG said. --108.24.xx.xx




Terminate agreement (by Moshe [CA]) Posted on: Jul 19, 2021 11:51 AM
Message:

YES, you can make a settlement agreement.

--47.139.xx.xxx




Terminate agreement (by Nicole [PA]) Posted on: Jul 19, 2021 12:33 PM
Message:

I would charge August rent. 30ish days later (PA laws), I'd refund the security deposit. I actually could return it beginning of September but I'd probably be feeling pi$$y about these folks and wouldn't send it early. If you get a new tenant in August, you have to prorate and refund the difference back to them.

I would draw up a document for them to sign agreeing that they are rescinding the agreement and have no rights to the unit.

I don't think you can charge for rekeying, same as if they had moved in, lived there for a year and moved out - that's on you. --72.70.xxx.xxx




Terminate agreement (by MC [PA]) Posted on: Jul 19, 2021 12:47 PM
Message:

No money back period UNLESS you have keys. If the keys are still in thier possession and no official statement regarding not moving in, they still have possession. --73.230.xxx.xx




Terminate agreement (by Marv [CA]) Posted on: Jul 19, 2021 2:33 PM
Message:

Thank you everyone for your input.

It is appreciated. --71.93.xxx.xx




Terminate agreement (by Still Learning [NH]) Posted on: Jul 19, 2021 3:56 PM
Message:

Not sure about CA, but I create a document called Relinquishment of Possession. They sign it and turn in keys. It tells them to forward mail, end utilities, etc and give a space to write new address for security deposit accounting/return. --75.67.xxx.xxx



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