View Full Version : Hiring Attorney For Tenant Breaking Lease
01-08-2008, 01:37 PM
I am wondering if anyone has actually gone as far as persuing legal assistance in getting the remainder of a lease if tenants have decided to leave the property?
I have a home on a lease option with a one year lease. Contract began June of 2007. They have 6 months left on lease, and want out at the end of month.
Is getting the remainder of the lease a difficult thing to enforce legally? How expensive is this endeavor and how probable is it that you can get it to come out in the landlord's (my)favor?
I am hoping I can use it as a bargaining chip to ensure they get the current (and their last) month's rent to me, which has not arrived thus far. I have an option fee that is mine if they leave, per signed contract.
01-08-2008, 01:38 PM
What is the max amount of claim for small claims court? Looking at about 8K....probably too high of an amount.
01-08-2008, 01:52 PM
It's hard to say. I keep forgetting where you're located or where the property is located. Would you fill out your profile please? It'll help us out big time because each state has different rules.
I'm assuming you're referring to eviction. Although, I've never experienced eviction, I do know that you're better off with an experienced eviction attorney. Check with property's local landlord association for recommendation of an attorney.
I sure would not want to experience it but it appears that we may have our first one coming up. We already served 5 days pay or quit. Due today. We'll see...ughh!
01-08-2008, 02:04 PM
No, I have decided that eviction is not the way I want to go. If I do that, they would be able to stay there w/o paying for two months or more, tying up the property to boot (I am in the Tenant-siding state of Oregon!).
In my contract, my rent is due on the first, grace period to the 5th, then late charges/fees kick in until the 15th. Then they are considered in default. I will change that in the future on my contract....way too long to go before I can take action.
I want to impress upon them that if they are leaving in the middle of the lease that they are responsible for the remaining months. However, if they pay me for this month and leave the place in good condition, I will be willing to forgive the rest of the rent money owed (geez, it is about $8K to forgive!).
If they are moving out, I will need it in writing also. Are there any particulars that you (or anyone) would suggest that I require in that letter? I know that they need to state their names (both adults that signed the contract) and the date they will be out. Is that sufficient? Do I need any verbage in it noting that the lease is being broken?
I really need to find out if going for the lease money owing is something valid and something tangible for me. Anyone have any ideas?
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