Rented my Townhouse in Prescott to 2 women, both signed the lease. One moved out and has no intent of paying remainder of lease. What do I do?
State/Country relating to question: Arizona
Remaining tenant is trying to find new roommate. Vacated tenant said she has no intent of paying remaining lease. She told us she was having issues with room mate but not that she was moving out. She claims she gave 30 days notice. She did not.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.I am sorry for your situation. Can you please tell me if the tenant that is left is paying only her share of the lease, or the whole lease?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
She only intends to pay her half. Lease is up in Dec 2012. Can I tell her she is responsible for the full amount, without trying to collect from vacating tenant?
Thank you.Can I tell her she is responsible for the full amount, without trying to collect from vacating tenant?Unless the lease says otherwise, YES. You see, when they signed the lease, they each signed for the full amount - or at least that is the way it is usually done.Whatever agreement they had between each other as to pay has to be forced by the tenant still living there against the tenant that has left; but this is not your concern. If they have both signed the lease, then both are responsible for the full amount. You can pursue them individually or jointly.So:1) If the tenant that has stayed is only paying half, then you can evict her, assuming the contract does not specifically state that she is to pay half.2) If this happens, then you can sue them both for breach of contract. It is well established that, in an action based on breach of contract, the plaintiff has the burden of proving the existence of a contract, breach of the contract, and resulting damages. Chartone, Inc. v. Bernini, 83 P.3d 1103, 1111 (Ariz. Ct. App. 2004) The only caveat is that you reasonably have to try to rent out the place again after evicting the left-over tenant for non-payment. You are expected to mitigate your damages: "It is not infrequently said that it is the `duty' of the injured party to mitigate his damages so far as that can be done by reasonable effort on his part...." 5 Corbin on Contracts, § 1039 pp. 242 & 243, cited in Coury Bros. Ranches, Inc. v. Ellsworth, 446 P. 2d 458 - Ariz: Supreme Court 1968.But in the end, both of them remain liable for the entire rent. IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Qualified attorney in private practice including business, family, criminal, and real estate issues.
How do I proceed without an atty? Not enough money for atty fees. Small claims court? On line forms? Can I contact her employer?
Hello,Individuals in your situation may wish to do the following:1) First, warn the remaining tenant (let us call her Amy) that she is liable for the full amount of the rent per the contract (again, check the contract, and I assume that this is the case), and if she does not pay it, then you would evict her.2) If she indeed does not pay, you can move to evict her. You do not have to use an attorney for the eviction. See here for the step by step:http://www.keytlaw.com/leasinglaw/azevictions.htmSo first you give her formal notice of non-payment, and if she still does not pay, you file for and have an eviction hearing. If she still does not leave by this time, you can request a Writ and have her forcibly removed by the authorities.3) Then, you can sue Amy and Betty (the tenant that did move out) together as co-defendants for the lease in small claims court under "breach of contract."
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