I have a tenant who moved in May 9, 2005 for a year's lease. Tenant gave notice this morning that he is moving out because his wife and kids just left him and is suing for divorce, i.e. he will not be able to afford the rent. I know he is liable for the whole year's rent, but what are my rights and what should I do?
sounds like one for your attorney. However, i think you answered the main question yourself If the guy's situation is genuine, is it really worth pursuing ? Also, is your dates right ? 2005 - years lease ? If so, contract is over, even with implied contract in the absence of a termination (implied continuation from the original contract), it may be that he is only required to give you reasonable notice of termination unless something specific to the contrary is stated in the terms of the lease. Assuming you meant starting from 2006 and the date is a typo, is the termination date April 30th? If so, what are you chasing.. 2 months rent ? Is it worth it from aguy whose life it sounds is pretty much screwed up at the moment given what you state?
Keep his deposit & last month's rent, I hope you have this but if you have not better do this next time. Just get a form called residential lease agreement for your new tenant. Get to work finding a new tenant ASAP, and sue for any rent money you lose by having it vacant that isn't covered by his deposit. Remember, the bank does not accept excuses for nonpayment/breach of contract (no matter how sad or creative) and neither should you. You are running a business, not a charity! If you need the forms for this. There is a site which contains all type of forms. I think it’s ezlandlordforms.com Hope this helps.
Why does everybody just think that suing is going to solve all their problems. You will be paying more for the attorney and court fees than you will get from the man, expecially if he is already getting sued by his ex wife. If its only a few months rent, just keep his deposit and get on with it. Nothing to freak out about. If you were in the same situation, you would like a little help. I know you are running a business and I understand that it might hurt you for a little, but you will get another tenant and taking all the time to get a lawsuit on this man will waste your time and more of your money. Just leave him be!
I think many communities have a landlord/tenant hotline type of place where they will know the answers to these questions in your local jurisdiction. It happens every day; not really something you need a lawyer for.
Legally speaking, you can follow the lease agreement which both of you agreed on. However, like the rest said, if the case is genuine then if you want, you can cut the guy some slack as he has gone through a lot already. If he is unable to pay the rent and he needs to resolve his divorce issue, sueing him would probably not gain you anything. If the guy is in need and you lend him a hand, maybe by offering reduce rent, free rent or waiver of the penalty fees, you may do someone some good and in the end, you may gain a friend. Who knows, he might bring some blessings to you in the future.