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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Family Law
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Experience:  Attorney
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My tenants said they will be moving at the end of this month

Resolved Question:

My tenants said they will be moving at the end of this month Insists they do not have to abide by the 12 month lease til August 31. They states I can use the last month's rent and the security as payment towards the rent. Not acceptable. Security not for rental payment (which is writen in the lease) I told him Apartment inspected and determined if there are any damages- the security minus any damages will be returned in 30 days of termination They have been rude and very demanding that it has been impossible to communicate with them Problems in the past regarding decorations, noise, garbage, noise. Downstairs tenant complaining Gas and electricity in my name - they owe me- can I shut it off if they don't pay? lease states they are responsible to pay me directly I have electrician coming tomorrow- if they do not respond can I enter the apartment after 24 hour notice- 4 days ago notified me of light not working.
Submitted: 4 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 4 years ago.

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What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


A tenant may not typically cancel a lease contract at the tenant's whim. Instead, when a tenant signs a lease, the tenant has agreed to the duration of the lease. Of course, if the landlord has breached the lease or failed to keep the rental unit in a habitable condition, a tenant may have a basis to cancel the lease.

While landlords may occasionally enter a property without permission when necessary to prevent serious property damage, a landlord who enters the property otherwise may expose himself to liability. Absent a court order to remove a tenant from a property, the property is sadly the tenant's home and a tenant has a right to exclude a landlord from the property until a court order to the contrary exists. Further, if a landlord shuts off utilities, a landlord may expose himself to liability. That can constitute a constructive eviction.

The appropriate remedy to remove a tenant is to proceed through the court system. In this way, the landlord can seek his appropriate remedies while avoiding unnecessary exposure to liability.


You'll want to retain an attorney to assist you with evaluating whether the tenants have a legal basis to cancel the lease and to assist you with collecting the sum you are due, if any.


Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
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Sincerely,
T-USA

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Thoreau (T-USA), Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience: Attorney
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