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View Full Version : LL HELP! Return last month's rent after abandonment?



Flyinfliss
23-09-2011, 09:48 AM
Hope you can help me; i'm a first time visitor!

My property is in the US, i'm residing in UK. My tenants were on a 12 month lease, and had paid first and last month's rent, plus $1,000 security deposit (all standard lease terms).

8 months into their tenancy, their circumstances changed and they moved out, without informing me. Rent was paid that month, so I didn't realise for 6 weeks until I started to receive the utility bills! I finally tracked them down and we reached an agreement that I would try to re-rent the property and they would be responsible for rent until that happened.

I flew out to the US and visited the condo during this time. It was in slightly below average condition and i did have to replace several items (it's fully furnished) and cleaning was not up to standard. If i hadn't been there, it certainly required a professional clean.

After 3 months of vacancy (during which time they paid rent - but always late after i chased them) I have now secured a new tenant and informed the previous tenant right away that our contract is now terminated. (They had 1 month and 3 weeks left in their tenancy).

He is now requesting that I pay him back the full last month's rent and security deposit. After all the inconvenience, costs, and the value of my time spent, I believe this is unfair. I've poured over our lease and I can subtract 'all costs incurred to advertise, restore and re-rent'. I believe this will add up to around the amount of the security deposit. Nothing states whether last month's rent is un/refundable.

2 main questions:
1. Can he claim that last month back?
2. Lease also states if rent is 3 days late, 'tenant shall pay a late fee of 8%'. Rent was this late EVERY month and I never charged him. With proof of transaction dates, can i go back and charge him late fees now?

Sorry for long email. I relly hope someone can help.

Many thanks!

jta
23-09-2011, 09:55 AM
This site only deals with English Welsh and Scottish problems, I suggest you find a site in the states where they can help you.