# Lounge > Real Estate / Finance >  Tenant Wants To Break Lease Agreement

## nj2Type-S

Hi All!

I have a rental property that is leased until the end of July.

My tenant called me a couple of days ago, saying hed like to move out at the end of April.

I explained to him that I was actually thinking of putting the property for sale, anyway, and this is probably a good time to put it on the market. However, the property may not be sold immediately.

From your guys experience, can my tenant just break the lease? What are my legal obligations to my tenant? If he does break the lease, do I just keep the damage deposit, if he decide to move out at the end of April?

Ive had my rental property since 2015, and this is the first time Ive had to deal with this, so any input is appreciated.

Thanks!

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## Darkane

My gut says you shouldn’t have said oh okay, I’m trying to sell it anyway. 

They have have inferred that you want it empty and wouldn’t care if they broke lease. 

Shrug.

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## littledan

You have basically no recourse as a landlord if they break the lease so just let them out. You can try and recover any lost rents until you can rent it again, but collecting will be 0 % chance. Just let them out and make sure they know you are doing them a favour so they dont pour readymix down the toilet.

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## ThePenIsMightier

> My gut says you shouldnt have said oh okay, Im trying to sell it anyway. 
> 
> They have have inferred that you want it empty and wouldnt care if they broke lease. 
> 
> Shrug.



No shit.
It feels like OP is saying "that works out perfectly for me - how can I figure out how to fist fuck you and wreck this win-win scenario?"

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## mr2mike

Yup you sewered yourself showing them your cards.
Let them go and do what has been said above.
Be around for move out day too.
So many landlords screw that one up too.
One vacation day vs thousands in damage, etc.

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## msommers

You 100% cannot keep the damage deposit. I mean you can try but if the tenant knows anything at all, they can come after you for it and easily win.

The easiest thing here is for you to negotiate maybe an additional month's rent after they want to leave and hope to leave it at that. But end of the day, tenants have a ridiculous about of power.

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## mr2mike

Can't keep damage deposit nor do you have much power with them knowing you've considered selling.

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## Buster

hello

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## jabjab

> You have basically no recourse as a landlord if they break the lease so just let them out. You can try and recover any lost rents until you can rent it again, but collecting will be 0 % chance. Just let them out and make sure they know you are doing them a favour so they dont pour readymix down the toilet.



Do they have to give a certain amount of months as notice if they want to break the lease?

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## 90_Shelby

The tenant can break the lease early but you can’t simply keep the damage deposit or charge them for the remaining months. The landlord is required to attempt to fill the space at the same rate you were renting the space to the previous tenant. Only in a situation where you couldn’t find a new tenant could you be compensated for damages.

The market is hot, this won’t be a problem so you’re likely SOL on any recourse.

I had a tenant just leave two months early, I explained it’s no issue as long as I find a new tenant. I found a new one almost immediately and managed to raise the rent by $200/month.

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## sabad66

Technically they are on the hook for the full length of the lease as long as there aren’t health issues or any other reasons you’re breaking your end of the agreement. But in practice, good luck collecting anything if they just move out and fuck off.

If you wanted to sell anyways just let them leave. You could say you will need an extra month of rent as a fee for lost income or something if you really want.

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## 90_Shelby

> Technically they are on the hook for the full length of the lease as long as there aren’t health issues or any other reasons you’re breaking your end of the agreement. But in practice, good luck collecting anything if they just move out and fuck off.
> 
> If you wanted to sell anyways just let them leave. You could say you will need an extra month of rent as a fee for lost income or something if you really want.



That’s incorrect, to follow up on what I stated below:

“ If a tenant ends a fixed term tenancy before the termination date, the landlord is entitled to be paid rent from the tenant until the residential tenancy agreement ends. However, the landlord must take reasonable steps to re-rent the unit. If the landlord rents the premises to a new tenant, the old tenant is no longer responsible to pay the rent from the date of the new tenancy.”

You can’t simply charge the tenant, you have to try and re-rent the suite.

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## zechs

Keep the damage deposit if they stop paying early  :dunno: 

They have to waste just as much time as you in small claims, and as a landlord, possession is 9/10ths of the law.

Just like its a waste of time for you to go after them for a few months rent (and of course trying to squeeze the blood from that rock), just take the deposit and boot them out.

Or waste a fuckload of time following the "rules" and get buttfucked.

I know which way has worked well for myself, and I've had really good tenants. Everyone is selfish, if they can fuck you they will.

Or else go and just be incredibly anal about the move out inspection. Excercise every possible delay on keeping it, charging them for issues, etc etc.

Lots of ways to do it. Lots of ways to fuck yourself over in this situation. What OP said doesn't matter, contract is a contract, but when it comes to tenants, they mean SFA.

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## littledan

They dont have to go small claims they can go residential tenancy dispute board and you'll get fucked.

https://www.alberta.ca/residential-t...apusPinrzXX-8j

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## zechs

> They dont have to go small claims they can go residential tenancy dispute board and you'll get fucked.
> 
> https://www.alberta.ca/residential-t...apusPinrzXX-8j



That's what I meant. Still takes time and effort on their part.

Never had a problem. Take it for what its worth, an opinion on the internet.

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## msommers

> That’s incorrect, to follow up on what I stated below:
> 
> “ If a tenant ends a fixed term tenancy before the termination date, the landlord is entitled to be paid rent from the tenant until the residential tenancy agreement ends. However, the landlord must take reasonable steps to re-rent the unit. If the landlord rents the premises to a new tenant, the old tenant is no longer responsible to pay the rent from the date of the new tenancy.”
> 
> You can’t simply charge the tenant, you have to try and re-rent the suite.



Yes, this is true but in a rental market, for example, where suitable tenants are hard to find, you're technically allowed to charge the tenant rent until you find someone to replace them.

Right now, this time of year, I can't imagine finding a decent tenant would take a lot of work and it'll be easier as a landlord to just cut things off as they are.

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## gwill

If the guy is leaving early I'd stick it to him on the move out inspection. It would be pretty easy to find $1600 or whatever your deposit is in charges so you can keep his entire deposit. 

I'd care less if the place was left in awesome condition and the place sells quickly.

lulz at some of the responses like giving up or doing nothing. Yeah just roll over and let the guy do whatever. Grow a set of balls and stick it to him if the place isn't left to your satisfaction.

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## littledan

> If the guy is leaving early I'd stick it to him on the move out inspection. It would be pretty easy to find $1600 or whatever your deposit is in charges so you can keep his entire deposit. 
> 
> I'd care less if the place was left in awesome condition and the place sells quickly.
> 
> lulz at some of the responses like giving up or doing nothing. Yeah just roll over and let the guy do whatever. Grow a set of balls and stick it to him if the place isn't left to your satisfaction.



Tell me you're not a landlord without telling me you're not a landlord

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## mr2mike

> If the guy is leaving early I'd stick it to him on the move out inspection. It would be pretty easy to find $1600 or whatever your deposit is in charges so you can keep his entire deposit. 
> 
> I'd care less if the place was left in awesome condition and the place sells quickly.
> 
> lulz at some of the responses like giving up or doing nothing. Yeah just roll over and let the guy do whatever. Grow a set of balls and stick it to him if the place isn't left to your satisfaction.



Yup. Let the guy do whatever.
Consider your battle there, Putin.

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## gwill

> Yup. Let the guy do whatever.
> Consider your battle there, Putin.



what battle? The landlord is the one with the deposit. The guy leaving is the one who needs the landlord on their side. If they want to play games it's a super easy decision to make sure their damage deposit is used on repairs/issues.

I find renters are magically too lenient on move in inspections. This becomes super important when a crappy renter wants to play games. 

Best part here is the OP can play nice and then hit em hard while their handing you over the keys at the move out inspection.

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## ThePenIsMightier

> what battle? The landlord is the one with the deposit. The guy leaving is the one who needs the landlord on their side. If they want to play games it's a super easy decision to make sure their damage deposit is used on repairs/issues.
> 
> I find renters are magically too lenient on move in inspections. This becomes super important when a crappy renter wants to play games. 
> 
> Best part here is the OP can play nice and then hit em hard while their handing you over the keys at the move out inspection.



Imagine how the colonizers must feel.
Yeah, let that sink in.

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## msommers

> If the guy is leaving early I'd stick it to him on the move out inspection. It would be pretty easy to find $1600 or whatever your deposit is in charges so you can keep his entire deposit. 
> 
> I'd care less if the place was left in awesome condition and the place sells quickly.
> 
> lulz at some of the responses like giving up or doing nothing. Yeah just roll over and let the guy do whatever. Grow a set of balls and stick it to him if the place isn't left to your satisfaction.



If you're unreasonable with move-out inspection deductions, tenants can easily fight you on it. Depends how much added stress you want to induce and take on with this, OP.

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## gwill

> If you're unreasonable with move-out inspection deductions, tenants can easily fight you on it. Depends how much added stress you want to induce and take on with this, OP.



In the end it's best to work together but people are a bit nuts to think the landlord can't do anything. Finding lots of reasonable deductions isn't that hard.

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## SKR

I like the idea of taking something mutually beneficial and trying to fuck the other guy over anyway.

(Edit: This is sarcasm. I don't think it's a good idea. I think it's a stupid idea, the kind of idea that a stupid person would think of.)

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## Xtrema

> You 100% cannot keep the damage deposit. I mean you can try but if the tenant knows anything at all, they can come after you for it and easily win.
> 
> The easiest thing here is for you to negotiate maybe an additional month's rent after they want to leave and hope to leave it at that. But end of the day, tenants have a ridiculous about of power.



Tenant is also on monthly tenancy so they can't give less than 1 month notices. So officially, they can leave end of Apr but legal tenancy doesn't end until May 31st. Lease contract worth nothing. Market is decent, if OP is out of the landlord game, sell, keep damage deposit for May rent and move on.

Officially tenant will owe differential for whatever income you missed within the contracted period. But who got time to go after that. At least this is pretty close to contract end date so it's not like you got a lot to lose anyway.

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## killramos

Lawyers, and judges, love confrontational people like you.

I hope gwills tenants find and screenshot his posts on here to make him look like the dingleberry he is in a future inevitable dispute hearing.

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## ExtraSlow

I feel like g-will is talking about a different scenario than the rest of the people in this thread, but whatev. I'm not a tenant or landlord.

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## ThePenIsMightier

> ..., but whatev. I'm not a tenant or landlord.



And thank Allah for that!
Neither scenario seems to have shreds of merit.

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## ExtraSlow

I'd personally rather be a tenant than a landlord if I had to choose. But if I decide to get into Busters favourite asset class, there are ETF's for that.

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## Rocket1k78

> Tell me you're not a landlord without telling me you're not a landlord



 :Werd!: 




> what battle? The landlord is the one with the deposit. The guy leaving is the one who needs the landlord on their side. If they want to play games it's a super easy decision to make sure their damage deposit is used on repairs/issues.
> 
> I find renters are magically too lenient on move in inspections. This becomes super important when a crappy renter wants to play games. 
> 
> Best part here is the OP can play nice and then hit em hard while their handing you over the keys at the move out inspection.



Yeah you got the deposit but you cant just keep it and then nickel and dime the tenants. If the tenants decide to take you to court they will always favor heavily on the tenants side so the place better have proof that it was immaculate before and then trashed after, i would also suspect the courts would want the proof from the LL on the move in and out. RE is still my favorite asset class :ROFL!:

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## nj2Type-S

hey guys! thanks for the input. my house was listed for sale soon after my tenant said they wanted to move out. it was sold 10hrs after posting at $32.5k over our asking price. i guess i got lucky!

the buyers, myself and my tenants also negotiated on a possession date that works for everyone. it all worked out in the end lol!

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## msommers

The craziness is not over! Glad it worked out for you though

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## ThePenIsMightier

*tenant turns heat off...

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## TomcoPDR

> *tenant turns heat off...



Hope the property is in the south end then

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## littledan

> *tenant turns heat off...



*gets 2 bags of readymix. "Make me move out when I wanted to, ill show you who is lord of this land"

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## Disoblige

Man, reading this thread does not inspire confidence. I have a tenant who gave me 6-7 days notice that they are leaving when their lease ends in only 3 more months. Noting that this is now December and not April, finding a renter right now is not that easy. I'm debating what I should do as they already scheduled the move-out elevator. I still have their damage deposit.

Ideally would wish they just finished the lease, or at the very least give me more notice...

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## ThePenIsMightier

> Man, reading this thread does not inspire confidence. I have a tenant who gave me 6-7 days notice that they are leaving when their lease ends in only 3 more months. Noting that this is now December and not April, finding a renter right now is not that easy. I'm debating what I should do as they already scheduled the move-out elevator. I still have their damage deposit.
> 
> Ideally would wish they just finished the lease, or at the very least give me more notice...



Ummmm, sell!!

But I don't understand your situation or description. You said "they are leaving when their lease ends in only 3 more months."

Edit - I think I figured it out. Something awkward about that sentence.

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## ExtraSlow

about all you can do is keep the damage deposit, give them a bill for the remaining term, don't expect them to pay it, and move on with your life.

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## Disoblige

> Ummmm, sell!!
> 
> But I don't understand your situation or description. You said "they are leaving when their lease ends in only 3 more months."
> 
> Edit - I think I figured it out. Something awkward about that sentence.



Sorry to clarify, they're going to move out end of this month, but their lease actually ends in 3 more months.




> about all you can do is keep the damage deposit, give them a bill for the remaining term, don't expect them to pay it, and move on with your life.



I am afraid you are most likely right. Or maybe take this opportunity to learn the small claims process for my own knowledge.

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## you&me

> about all you can do is keep the damage deposit, give them a bill for the remaining term, don't expect them to pay it, and move on with your life.



Can you? I mean, directly? I thought the damage deposit had to be applied against legitimate damage... Rental arrears or early termination is a different animal and the DD cannot be applied for that... I mean, sure, there could be a lot of extra "damage", but you can't just say "you left early, so I'm keeping your damage deposit", can you?

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## ExtraSlow

well, you can do it, and then let them argue with you about it. Fuck em I say.

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## DonJuan

> about all you can do is keep the damage deposit, give them a bill for the remaining term, don't expect them to pay it, and move on with your life.



This and do some small renovations to make it more appealing to those renters looking to move in December. They gonna fight you in court for the deposit back, and they will win.

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## Disoblige

> This and do some small renovations to make it more appealing to those renters looking to move in December. They gonna fight you in court for the deposit back, and they will win.



Is that what happened to you? Or maybe they too busy to even try it because they barely have the time to let you know they're moving out in a week lol.

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## kenny

> Can you? I mean, directly? I thought the damage deposit had to be applied against legitimate damage... Rental arrears or early termination is a different animal and the DD cannot be applied for that... I mean, sure, there could be a lot of extra "damage", but you can't just say "you left early, so I'm keeping your damage deposit", can you?



Yes, the security deposit can be used to cover rent or other obligations the tenant has to the landlord.

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## you&me

> Yes, the security deposit can be used to cover rent or other obligations the tenant has to the landlord.



Thanks for clarifying. 

Best asset class and all that, I wasn't sure...

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## 90_Shelby

> Sorry to clarify, they're going to move out end of this month, but their lease actually ends in 3 more months.
> 
> 
> I am afraid you are most likely right. Or maybe take this opportunity to learn the small claims process for my own knowledge.



I was confused as well, I think there was a a missing comma that caused some confusion.


Regarding them leaving early, keep their damage deposit for now but you're only owed money for damages (lost rent), if you're unable to find a replacement tenant for that time period. If someone moves in January 1st, you get to keep the damage deposit to cover lost revenue for December. If they move in December 15th, you get to keep half the damage deposit. Unfortunately you are not entitled to 3 months compensation without trying to fill the space and in this market it shouldn't be that difficult.


I recently had a tenant leave early but they gave reasonable notice and I was able to find a new tenant to move in when they left at $200/month more, so there were no damages and I had no additional compensation. In your case, 6-7 days notice is unreasonable, but now it's up to you to find a new tenant and fill the space, which shouldn't be a problem in this market even if it takes a month. 

Another recommendation, when you find a tenant, sign a 6 month lease first, then go back to 1 year leases so you're renewals correct to summer time as opposed to the middle of winter.

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## DonJuan

I try and avoid losing battles, so I only keep deposit for physical damages.

I usually schedule a joint walk through a couple weeks before and make note of what damages there are so there are no surprises.
I get a contractor in for estimates etc. if needed, and plan for repairs accordingly.

Final walk through with tenant on moving day, during or after move. Any additional damages we talk about, but I'm a softie so I usually paint high use areas at my own expense anyway after every long term tenant.

I've never held back deposit for leaving early, if they want out I let them out and change the locks. Don't want the cement down toilets etc.

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## Xtrema

> Can you? I mean, directly? I thought the damage deposit had to be applied against legitimate damage... Rental arrears or early termination is a different animal and the DD cannot be applied for that... I mean, sure, there could be a lot of extra "damage", but you can't just say "you left early, so I'm keeping your damage deposit", can you?



They can got to small claims to get it back but then landlord will go to small claims to get what's owed. So everyone just waste a lot of $ and time and be in the same spot.

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## Disoblige

Lots of good info. Thanks.

Also like the 6 month lease thing so it can go to summer time.

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## gwill

Hit the losers hard on the move out inspection. Each burnt out light bulb is $10. Every appliance is dirty and gets charged per appliance. Make sure to ding for every picture hung, "excessive" dirt everywhere... the list goes on and on.

Make sure their aware their a POS during the move out and that the costs to them go higher the longer your place sits empty.

Your only goal on the move out inspection is to make every single ding down so they know they get zero damage deposit back and then need to be worried you'll sue them for the place sitting empty. The harder you are the more likely they'll be greatful for you just keeping the damage deposit.

Make sure you have their new mailing address to send them any deposit that may or may not be left. After they provide it thank them for it as youll be serving them a civil claim immediately.

Screw these losers.

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## mr2mike

You can put your effort into getting even or effort into finding a better tenant and do a 6 mnth lease.

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## you&me

> Hit the losers hard on the move out inspection. Each burnt out light bulb is $10. Every appliance is dirty and gets charged per appliance. Make sure to ding for every picture hung, "excessive" dirt everywhere... the list goes on and on.
> 
> Make sure their aware their a POS during the move out and that the costs to them go higher the longer your place sits empty.
> 
> Your only goal on the move out inspection is to make every single ding down so they know they get zero damage deposit back and then need to be worried you'll sue them for the place sitting empty. The harder you are the more likely they'll be greatful for you just keeping the damage deposit.
> 
> Make sure you have their new mailing address to send them any deposit that may or may not be left. After they provide it thank them for it as youll be serving them a civil claim immediately.
> 
> Screw these losers.




Can you show us on the doll where the tennent hurt you?  :ROFL!:

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## max_boost

Welcome to the world of landlord tenant relations

I’ve had amazing tenants, low maintenance and stayed for years. The longest was 9 years and only moved cuz Covid layoff and forced retirement. 

Have had a few stay for a few months and packed up but you know what, team softie I just let them go. 

Ultimately up to you and what satisfies you. Enforce the contract? Compromise somewhere? Maybe half the deposit? Good luck.

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## Disoblige

Probably as mr2 mentioned, put more effort into finding a new tenant. I am just not looking forward to the walkout now considering the hastiness of this. Oh well...

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## DonJuan

> Probably as mr2 mentioned, put more effort into finding a new tenant. I am just not looking forward to the walkout now considering the hastiness of this. Oh well...



Put some effort into making the place look nice and it will entice 
@gwill
 tenants to leave early and with for his rant thread  :Big Grin: 

One thing I've noticed, new tenants like the smell of fresh paint during a showing.

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## gwill

> Probably as mr2 mentioned, put more effort into finding a new tenant. I am just not looking forward to the walkout now considering the hastiness of this. Oh well...



If a tenant wants to play games take em to the cleaner. That's my motto. Let them learn the hard way that it's better to work together and be an adult about things then to up and leave last minute thinking there's no repercussions.

Giving them a free pass doesn't help the next landlord they screw over.

You have to do the move out inspection regardless so be ruthless and put them in their place.

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## flipstah

> I try and avoid losing battles, so I only keep deposit for physical damages.
> 
> I usually schedule a joint walk through a couple weeks before and make note of what damages there are so there are no surprises.
> I get a contractor in for estimates etc. if needed, and plan for repairs accordingly.
> 
> Final walk through with tenant on moving day, during or after move. Any additional damages we talk about, but I'm a softie so I usually paint high use areas at my own expense anyway after every long term tenant.
> 
> I've never held back deposit for leaving early, if they want out I let them out and change the locks. Don't want the cement down toilets etc.



I feel like this is the justest and logically sound landlord advice

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## 90_Shelby

> If a tenant wants to play games take em to the cleaner. That's my motto. Let them learn the hard way that it's better to work together and be an adult about things then to up and leave last minute thinking there's no repercussions.
> 
> Giving them a free pass doesn't help the next landlord they screw over.
> 
> You have to do the move out inspection regardless so be ruthless and put them in their place.



Have you ever heard the term, you can't take blood from a stone......

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## 88CRX

It’s a fine line to not have concrete left in the shitters. 

Tee up what condition you expect the place to be in on move out day. Then as your doing the inspection have a locksmith on site so they know they’re fucking out. Then I believe you have some time to give them an invoice of damages.

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## Recca168

Oddly enough I have had this happen to me 3 times. Every time I was given less than a month notice. I did keep the damage deposit as lost rents. 

Each time the property sat vacant for a month and was rented the month after. It should be pretty reasonable to claim the damage deposit as lost rents. It takes time to do repairs and find a new tenant. I wouldn't expect to get anything else back though

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## kenny

> It’s a fine line to not have concrete left in the shitters. 
> 
> Tee up what condition you expect the place to be in on move out day. Then as your doing the inspection have a locksmith on site so they know they’re fucking out. Then I believe you have some time to give them an invoice of damages.



You have 10 days to return security deposit, so don't let them know they aren't getting it back during the move out walk through. 

Note all the damages if any in the unit, have them sign the move out inspection sheet then: 

"Thanks, I'll get these documents scanned and I'll send you a copy for your records along with your security deposit less any deductions" 

Change locks, remove access to buzzer, wait a few days then let old tenants know after deducting owed rent they are getting $0 back. Done and dusted. 

 :ROFL!:

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## gwill

> Have you ever heard the term, you can't take blood from a stone......



what makes you think the tenants have no money? Their just moving... there was no sob story about losing their job and being broke. They just provided 6 days notice to move.

A lot of you guys have a weird way to run a business. To let someone run over you and your business costing you time and money with no repercussions seems a bit lazy.

I'd make the tenant sweat it out even if in the end all I keep is the deposit.

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## ThePenIsMightier

Maybe the tenant's dad can move in for the remainder of the lease. Then you won't have to fuck him.
Full wallet > full ass cavity.

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## Disoblige

> Oddly enough I have had this happen to me 3 times. Every time I was given less than a month notice. I did keep the damage deposit as lost rents. 
> 
> Each time the property sat vacant for a month and was rented the month after. It should be pretty reasonable to claim the damage deposit as lost rents. It takes time to do repairs and find a new tenant. I wouldn't expect to get anything else back though



Yeah I will see what happens but I expect this scenario for me as well.

And to gwill's point, the tenants have money. Just a matter if they are willing to pay or not.

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## mr2mike

Probably bought a house, I hear it's a good time to buy.

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