Tenants broke lease, when to advertise

[Gruntus]

HI all

Just found out yesterday my tenants are breaking their lease after not paying rent for 4 wks and notice to leave by real estate. Is there a time period or event that must occur before the porperty is readvertised for rent?

i would have it up for rent again as soon as I knew, but it isnt up yet? Is my PM just being slack cause the tenants are responsible for paying until it is, even if it takes months to get the money, or does the property need to be vacant before readvertsing?

Also, lease was until may at which point rent was to be increased, can we have the new lease written up include a price increase at a certain date as i think to readvertise it needs to be at the same rent as before.

Grant

 

[boomtown]

Readvertise right away.

You are obliged to try to rerent it as soon as possible in order to reduce the amount of money the outgoing tenants have to pay.

 

[Collector]

Depends....

Have the tenants given a date that are going to vacate?

Will the agent need to the tribunal to terminate or claim arrears?

Is the agent able to relet the property, - ie, if the agent advertises the property and is able to generate interest and is able to get access to the property, is the agent able to enter into an agreement with an applicant? (not if the tenant has not yet vacated)


Are you sure the tenant wants to vacate - is this in writing from the tenant? (get it in writing)


The agent could advertise and promote the property if they are certain that the property is available to be lease. ( ie. current tenant wont remain in premises)



Breaking the lease is different to being in arrears and being issued a notice of termination - different rules apply.

 

[Gruntus]

the tenants have agrred to be out by monday (verbal with pm) after notice to leave due to arrears. not just simply breaking the lease.

 

[Collector]

I continue...


If the tenant is breaking the lease it is recomended that they fill in a break lease form, - similar to this:

Tenants:___________________________

Property:___________________________

I/We hereby give notice of my/our intention to vacate the above property on:



I/We understand that I/we am /are breaking my/our Tenancy Agreement and acknowledge that I/we am/are responsible to:

> Pay rent until either a new tenant moves in to the property and starts paying rent or until the Agreement expires (whichever happens first).

> Pay (agency name) a letting fee equal to one week's rent for finding a suitable replacement tenant.

> Pay the cost of any advertising agreed to by me/us and (agency name)

> Pay the landlord's costs of the preparation on a new Tenancy Agreement, in the sum of $_______(lease preperation fee)


My/Our reason for vacating is: __________________________________


My/Our forwarding address will be: _______________________________


I/We understand that you may want to show prospective tenants through the property. Access in this regard, can be arranged by contacting me/us on:

Work: ____________________ Home:________________ Mobile:___________




Signed: ______________________ Date: _______________

If this has been done then it is recomended to start advertising ASAP.



In regards to entering a new agreement with a increased amount - you would have to advertise the property at the same rent the current tenant is paying otherwise the tenant may be able to claim that the agent has not acted fairly.

You can advertise that the rent will be $XXX and will increase to $XXY in May. You can advice those who see the property that the rent will increase, and you can write a rent increase into the new lease agreement

 

[Collector]

the tenants have agrred to be out by monday (verbal with pm) after notice to leave due to arrears. not just simply breaking the lease.

The agent should advertise now.


The agent should also write down (file notes) all communication with the tenant - eg: 02/02/2009 10:38am - called tenant regarding outstanding rent and termination notice, tenant advised that they will vacate Monday 09/02/2009 and will be returning keys to our office at 4:00pm.


All agent/landlords should by habbit write every thing down, these file notes are invalueble at any tribunal hearing if every needed.

 

[boomtown]

Verbal is not good enough. Your PM should get it in writing.

 

[callander]

It may be different in your state but if the tenant is vacating after being issued with a Notice to Vacate for rent arrears (in vic this is 14 days) you may find that they are not liable for any further rent after they vacate as they are not breaking their lease but vacating in accordance with the notice. May be different notices in your state.