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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 21240
Experience:  13 years real estate, Realtor. Landlord 24+ years
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We have a tenant who has given us notice and using her last

Resolved Question:

We have a tenant who has given us notice and using her last months rent to pay for this months (June) rent. We have notified her that she is breaking her lease and have given her 30 days notice of intent to evict, as of July 11. She has notified her roommate that the utilities will be turned off tomorrow June 20, and that she will be out by the end of today, unfortunately leaving her roommate without any utilities. This has been a very volatile situation, and we've decided to put her roommate in an inn until this situation is resolved. We don't want to turn everything back on and have her show back up to stay after she has told her roommate she is leaving today, nor do we want her to come back in and trash the place, which she has indicated she was considering to our maintenance man. Even though we have given her 30 days notice, if she leaves without taking all of her furniture, and after having the power turned off, can we change the locks, or do we have to wait until the July 11 Deadline?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I need to ask a few questions to determine where you stand legally..
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Are both tenants under a written lease for a set term or are they month to month?
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If they are under a written lease, did you agree to allow the one tenant to terminate it early?
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What type of notice did she give you that she was terminating the lease? Written? How long?
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Why would you be responsible for the utilities if they are in the tenant's name with the tenant paying them?
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Thanks
Barrister
Customer: replied 10 months ago.

I Just sent you all the information you asked for

Customer: replied 10 months ago.

Set Term


 


No


 


Written...2 months ago then again on the June 12, saying June 15


 


We are not accepting responsibility.

Expert:  Barrister replied 10 months ago.
Ok, I am trying to understand why you would feel responsible for putting the other tenant up in a hotel due to the dispute with the roommate?
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Why can't roommate just get the utilities in their name?
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It seems like you are getting involved in a dispute between two tenants when you may not have to..
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Is the tenant actually breaching the lease by terminating it early?
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I am sorry for all the questions, but as a landlord myself for over 24 years, this just seems like an odd situtation for a landlord to be involved in. If one tenant moves out and turns off the utilities, it is typically the problem of the remaining tenant to get them back on in their name or move out as well...
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Thanks
Barrister
Customer: replied 10 months ago.

The dispute is not with the roomate it is with us. What are doing is simply a courtesy. The tenant is breaching the lease by leaving early She has given us written notice that she would be out by the 15th of June.

Expert:  Barrister replied 10 months ago.
Ok, that makes more sense now. If the one tenant vacates the apartment after giving formal notice that they are doing so, and all the utilities are turned off, then the presumption under the law would be that they have abandoned the dwelling. In situations like this, the landlord can legally change the locks and retake possession under a theory of abandonment. The landlord has a legal right to secure their property in a situation where the tenant has abandoned it, even if they left personal property there.

As part of this action, landlord should post a conspicuous notice on the door that the locks have been changed due to the tenant's abandoning the dwelling. If they need access, they will have to contact the landlord who will then provide access.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 21240
Experience: 13 years real estate, Realtor. Landlord 24+ years
Barrister and 7 other Real Estate Law Specialists are ready to help you

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