Happy Friday!

It's a rule of land lording...there are tenants whose lives are a mess and we just have to deal with it as best we can.

Case in point: a gal who moved in just last month texts me this morning to say "My ex found me and is stalking me at my house. I no longer feel comfortable here and need to get out of my lease."

Back in my early years, I would've gone into freak out mode and back 'n forth messages escalating in frustration would have ensued.

Today, I was calm and simply remind her of the Early Termination Fee and that we need written noticed emailed to us on or before the 1st of the month, including a hand signed note attachment to confirm.

She will pay the fee or we will turn it over to Collections. Fortunately, she has relatively decent credit (680) with no delinquencies, a stable good paying job, and has requested a payment plan, so I think the odds of getting paid are in our favor. Just following procedures. All in a day's work.

How's your day going?

If she has a restraining order (active) I'm pretty sure she can break a lease without penalty. But since restraining orders don't last, she probably doesn't have one.

So our new ADU failed inspection. Not for the ADU but for the exterior back stairs that lead to the top floor deck. Inspector noticed some new lumber (minor repairs) and failed it for some wrong bolts, a gap between step and back of step, and something else.

Just another day in FREEDOM!!! paradise!

Received 3 early move out notices this week - a job transfer, a divorce, and a reconciliation (getting back together).

Like your post this would send most LLs into a tizzy.

Me? That's 3 ELTs, equal to 6 months of extra rent.

And yes, people DO pay it!

PS

ELT solves SO many problems!

This is another one of those "know your state laws" situations. In many states, she may indeed have the right to leave early without paying any ELT fee. Here in Michigan, if they have a "reasonable apprehension of present danger", then they have additional rights to terminate a lease early (without fee). Still takes some steps on their part, but I'd be very careful before just saying "Well, check your Early Lease Termination clause if you want to leave" after they tell you that they fear for their safety...

-John...

John,

I appreciate your thoughts as always, but I'm going to push back a little for what I consider a valid reason.

I have read the Revised Statutes of the State of Missouri regarding all things land lord/tenant, and haven't found anything that even hints that I have a duty to inform tenants of their rights in a scenario like this one. Therefore, I will not. If she finds some such law and invokes it, I of course will not charge the fee. But I'm not her lawyer. She can read up on her rights if she chooses or pay someone to do it for her.

The only duty my state land lord/tenant laws puts on me regarding informing a tenant regarding their rights is to give them face to face or written notice when a move-out walk through will happen, and that they have a right to be present if they wish.

So yes...as always know what your state obliges you to do...and where the law is silent. I am not an attorney. I do not provide legal advice. You are advised to seek counsel for your situation. Blah, blah...legal disclaimer.

Btw, it should also be kept in mind that I have not been presented with any formal (or informal) documentation stating that what she says is true. For all I know, she could just be looking for an excuse to go shake up elsewhere and save on rent.

To each their own. I'm willing to roll the dice on this one.

You should've asked me last week.

Got a text from my new tenants asking, "Hey, weird question, but is this house haunted?"

She and her kid were sitting at home on the couch, watching tv. There's one of those old 1940's 12-pane glass doors from the front bedroom that leads into the living room. (The whole thing has five or six coats of paint on it to make it opaque.) The kid thought he had heard someone say his name, as his mom is getting up to go to the bathroom--- and all of a sudden, one of the painted glass panes explodes both directions at once--- shooting out into the living room, but also shooting backwards into the bedroom. And the doorknob falls off, so you can't get in. And the doorknob on the hall door into that bedroom also fell off at the same time, so you couldn't get in that way, either.

So, yeah. I've had a few other people mention, "I think my house is haunted", but never that address, and it's always been very innocent kinds of things, like the sound of children playing. That house has always been weird, though-- but it's always been "normal weird". Got everything physically fixed. We did our best for the less tangible aspects of the situation. Time will tell if I need to bring in the pros. ;)

I am going to have to agree with John. In my state, with proper documentation she would have a right to break the lease...without paying the early lease termination fee.

2016 Maryland Code

Real Property

Title 8 - Landlord and Tenant

Subtitle 5A - Rental Housing -- Victims of Domestic Violence and Sexual Assault

Missouri SB289

Allows tenants to terminate their lease or change the locks on the premises in certain situations of domestic violence, stalking, or sexual assault

Print Bill

 Summary

SB 289 - This act allows a tenant to terminate a lease agreement if the tenant or his or her dependent is a victim of domestic violence, sexual assault, or stalking. The tenant must present the landlord with a written notice and either a copy of an order of protection or a report signed by a law enforcement officer, circuit judge, associate circuit judge, medical professional, or an employee of a rape crisis center.

After providing the required documents to the landlord within ninety days of the incident, the tenant will be absolved of all responsibilities under the lease and will not incur any penalties or fees for early termination. The tenant is also discharged from the payment of rent for any period following the last day of the month in which the tenant vacates the premises.

A tenant or a tenant's dependent who is a victim of domestic violence, sexual assault, or stalking by a landlord or the landlord's employee or agent may change or add locks to the premises, at the tenant's expense, provided that the tenant provides notice to the landlord and a copy of an order of protection or a report signed by a law enforcement officer, circuit judge, associate circuit judge, medical professional, or an employee of a rape crisis center. After providing such notice, the lease will automatically terminate in ninety days unless the tenant gives notice to the landlord of an intent not to vacate the premises or terminates the lease early in accordance with the act. Upon vacating the premises, the tenant shall deliver the keys and all copies of the keys to the landlord.

State laws vary. In Oregon she would say "domestic abuse" and off she goes, no penalty. The landlord would be lucky if he didn't have to pay her relocation money.

In Idaho, it isn't addressed. Although, I'm quite happy to have any hint of domestic violence go away and plague another landlord, far from my rental. In this market, I'd have her vacancy filled very quickly.

Alfie...good catch.. result of latest search....FYI it does touch on early termination fees.

New Missouri legislation now in effect includes House Bill 243 and 544.

MISSOURI — Victims of domestic violence, sexual assault and stalking can terminate their leases by providing landlord with documents of the abuse, or proof of risk to their safety if they remain.

The new law also states that victims will be protected from being evicted or from lease termination.

Proof of documentation can take several forms. Jennifer Carter Dochler Missouri Coalition against Domestic and Sexual Violence said it can be from a mental health professional, a medical provider, a victim service provider, like a rape crisis center, or it could be a police report.

No, Laura, I'm smarter than that.... *Grins

What I would do is shut my yap until the tenant says something. If she does, I apologize and either waive or refund the fee. No harm, no foul.

Btw, I don't believe such a law exists in Missouri. As I'm sure you noticed reading above, I have read all laws pertaining to LL/T multiple times (once per year is a good habit!). I see no reasons for any concern. Ergo, I don't go around digging and worrying.

Let the chips fall.

If I ended up in front of a judge (after waiving or refunding the fee), I would say, "Your honor the minute I was made aware of my duties I immediately complied."

What are they going to sue for: making an honest mistake and doing the right thing, if such a right thing is even required by law, which I have no reason to believe it is?

I would guess you, I, and everyone on this board breaks a dozen laws in any given week that we don't know about. Several best selling books have been written to that effect. Ignorance of the law may not be an excuse, but it certain is a mitigating factor, as is your reaction once made aware of your responsibilities. This isn't like a speeding ticket where everyone know what's up because there are signs every 1/2 miles and you're just blowing thru them with zero regard.

S i d, that freak out mode was me for several years. Then, thanks to this forum, we started working smarter.

A situation would come up, we made a decision once and then wrote a detailed explanation of that decision into our lease. The more we interacted with people, the more we added to our lease.

Resident wants to leave her boyfriend. No problem, look at the lease. We understand that unexpected circumstances arise and one or more Residents may wish to be released from the lease and move out of the home while the other Resident(s) would like to remain on the lease and remain in the home.

Should this occur, ABC, LLC may allow this provided all Residents agree in writing to the removal of the Resident(s), all rent, fess, etc. are current, the remaining Resident(s) financially requalifies for the home and the departing Resident(s) each pay a one-time payment of $500 to be released from the lease.

As a reminder, this is a legally binding lease and should your name be on the lease if ABC, LLC needs to evict or go to small claims court for a monetary judgement, all parties on the lease will be listed on the eviction paperwork and the court case paperwork.

Resident’s brother needs a place to live, just temporarily, of course. No problem, look at the lease. ABC, LLC understands that our Residents’ lives are not fixed, but rather ever changing. If you would like to have a friend, sister, cousin, etc. aged 18 or older live with you, either permanently or temporarily, please let management know and we can screen their criminal record. They don’t need to necessarily be on the lease.

If a new adult aged 18 or older is found to be occupying the property for more than five days without having been screened, there will be a $300.00 onetime fee applied to Resident’s ledger and a $85 daily fee until the unscreened person has either been screened and approved by management or they have completely vacated the property and management has been shown evidence that they have completely vacated. Examples of evidence are a recent lease showing that person as a Resident, a recent utility bill in that person’s name showing an address, etc.

Before our lease began addressing these common situations, it would be an agonizing back and forth process. These situations always ended in our loosing money and strangely enough, the Resident feeling angry towards us (even though we were the ones who suffered financially). This new refusal to reinvent the wheel for every decision has saved us so much time and grief! I believe it will allow us to continue to grow and not get disgusted and sell.

Laura, SID is in no danger of breaking the law right now by asking for the ELT. She has provided none of the required paperwork or proof, likely doesn't have any yet. So until she does, SID is free to offer the ELT as a way to break her lease no fuss no muss.

Wed. I stopped by to give my problem tenant non renewal notice. What do I see, fairly fresh tire marks, and a slight burnout spot on the front lawn. Parking on lawn is a no no and very clearly addressed in lease..not to mention me verbally telling them.

T of course plays stupid, I find out they had parked on the lawn ( no duh!), and were seen by a couple neighbors, blah blad..blah... today I get a lengthly text with the lamest excuse ever as to why they parked on lawn, along with a empty promise to reseed lawn.

I'm not holding my breath.

Note to self...

Add HAUNTED is not a ln accepted reason to break the lease. Instead have the home CLEANSED.

Seriously. I have a resident who swears he is being raped every night in his sleep by the ghost to live in the house. He also says there are people living in the apartment above him – it's a single story house, no apartment above him.

Had a long term inherited tenant who swore the apartment was haunted by two different ghosts. She would send me pictures and even videos of the ghosts doing different things.

I was never able to see them.

She asked if I would allow a priest to come over and remove them. I agreed to it. She never did it. Claimed she liked one of the ghosts and didn't want it hurt.

Sad thing is she died in the apartment so now maybe she is with the ghosts forever.

For those of us in states that give special rights to victims of domestic abuse, it might be a good idea to ask that question on the application. Maybe under the guise of providing extra door/window/lighting security.

Thanks WMH and 6x6... glad to know some folks read critically and understand what's actually going on! It'd be the same if a person showed up with an animal and I charged a pet fee, then 6 months later they said, "Oh yeah, by the way this is actually an ESA which I've never bothered to tell you before so now I'm going to sue you."

My response: "Okay, let me see the paper work and if everything is in order I'll give you back the funds."