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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15916
Experience:  Licensed General Practice Attorney, Texas
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We live in Nevada. This is a house with a pool and the rent

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We live in Nevada. This is a house with a pool and the rent is $1500 a month. Our tenants moved out four months before the lease was over. The rent for July is now late. They moved from Nevada to Florida last month. We were previously given rent checks for three months from the wife in case her husband didn't pay the rent because they were having marital problems. The lease states that, "If the Tenant vacates the Premises before the end of Lease term without the Landlord's written consent, the Tenant will be liable for the remainder of the payments due under the Lease." Are we allowed to cash the three checks immediately?

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

Yes, you can cash those checks. However, once you actually rent the property again, you will need to refund the prorated portion of the amount. That is, if you rent it in 1 month, you will basically need to refund the amount that would otherwise be a double recovery. So basically the amount of time that it sits empty, you can charge against them, but if it's rented again, you will need to refund that amount of time that it is occupied by a different tenant.

ScottyMacESQ :

Otherwise, they could sue you for that additional amount of time.

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you. Now we just have to hope there are still funds in the account.

ScottyMacESQ :

Exactly.

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacESQ :

Did you have any other questions before you rate this answer?

ScottyMacESQ :

Are you there? Please note that I am still here, awaiting your response.

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