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If a tenant moves out in the middle of a lease do you file…

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if a tenant moves out...
if a tenant moves out in the middle of a lease do you file an eviction?
Submitted: 3 months ago.Category: Landlord-Tenant
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4/3/2018
Lawyer: barristerinky, Attorney replied 3 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,558
Experience: Attorney over 17 years, landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

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Lawyer: barristerinky, Attorney replied 3 months ago

Can you remind me what state this is in?

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Did the tenant notify you they were leaving and not coming back?

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Did they return the keys and move everything out?

.

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thanks

Barrister

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Customer reply replied 3 months ago
the tenant reported verbally that they are moving
they have not moved yet but plan to be out by end of month... or so they say...
missouri
Customer reply replied 3 months ago
no they still have keys.
and if they do move out. how do i collect remainder of lease payments they for sure will not just give me the payments. Its a fixed term lease, and may take a moment to find a replacement
Customer reply replied 3 months ago
let alone collect on any damages
Lawyer: barristerinky, Attorney replied 3 months ago

Have they paid rent this month?

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Customer reply replied 3 months ago
they paid rent for this month
Lawyer: barristerinky, Attorney replied 3 months ago

Ok, then no, an eviction is about possession... so if they move out and surrender possession and return the keys, then an eviction is not appropriate. Then it is just a straight breach of contract action where you would sue them in small claims court for any lost rent until you re-rent if their security deposit doesn't cover it.

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But you have a legal duty to mitigate your damages by trying to re-rent as soon as possible. When you do re-rent, that stops your damages and determines how much the tenant owes you.

.

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thanks

Barrister

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Customer reply replied 3 months ago
to sue in small claims court, how do you file? is it the same way you file an eviction?
Customer reply replied 3 months ago
a specific name for it.... such as unlawful detainer....
Lawyer: barristerinky, Attorney replied 3 months ago

Yes, just different clerk... they have the small claims summons and complaint.. and it is just a simple breach of contract claim... the lease is a contract..they are breaking it by moving out early..

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Customer reply replied 3 months ago
once they move out, i would assume i need to take pictures of damage immediately. take photos of advertisement, copies of receipts for damages. Any other proof i need to make a solid case? I have photos of the entire property from before they were there, and from the day i got punched. I typically take pictures for safe keeping, often, to easily compare normal wear vs...
Dont want anyone saying that i caused or neglected property or enough evidence.
Would damages be a separate suit... or all rolled into one.
Customer reply replied 3 months ago
i would bet money that they try to skate out without giving keys back. Im researching now, as i have eyes and ears everywhere, to make sure i keep tabs on where there moving to make sure i can serve them.
Lawyer: barristerinky, Attorney replied 3 months ago

Photos and estimates/invoices for repairs are your best evidence...along with your testimony of course..

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You should always take pictures before a tenancy starts so you have proof of condition to compare to the end.

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And it would all be one lawsuit..

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And yes, if they work, you can always catch them there if they try to bolt..

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Customer reply replied 3 months ago
im certain ill have more questions tommorrow. can i leave this conversation open?
Lawyer: barristerinky, Attorney replied 3 months ago

Sure, but you can still respond and I will see it and reply even after rating my service..

.

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thanks

Barrister

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Lawyer: barristerinky, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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