Tenant Moving Out Early

Lorne Malvo

Hi all,
I have a tenant 2 weeks into his months rental come forward to say he is leaving at the end of this week.
He is in the property over 2 years and I had retained 1 months rent as deposit.
Even if I retain the deposit I will be falling short due to the 56 days notice period required from a tenant...
Any ideas?

Graham

You could pursue the tenant for the balance while trying to mitigate your losses by re-letting.

Being pragmatic, I'm not convinced it would be worth the hassle. Maybe lodge a dispute with the RTB but don't count on a quick/satisfactory resolution.

Ihavetheaids

Lorne Malvo wrote: »

Hi all,
I have a tenant 2 weeks into his months rental come forward to say he is leaving at the end of this week.
He is in the property over 2 years and I had retained 1 months rent as deposit.
Even if I retain the deposit I will be falling short due to the 56 days notice period required from a tenant...
Any ideas?

Get a real job ?

Ihavetheaids

Graham wrote: »

You could pursue the tenant for the balance while trying to mitigate your losses by re-letting.

Being pragmatic, I'm not convinced it would be worth the hassle. Maybe lodge a dispute with the RTB but don't count on a quick/satisfactory resolution.

Don’t know why it was removed but get a real job ?

Graham

Mod Note

Ihavetheaids, Don't Post in this thread again.

B.A._Baracus

So if I got my maths straight you will be down a month's rent, right?
As you can hold on to their deposit and they have already paid this month's rent. So you'd be missing 4 weeks rent if he did give you notice at the first of April.

So I say have a chat with them. See what they say. If they go tough... Just cut your losses and advertise the place for someone else.

antoinolachtnai

Just get them out and get your property back safely.

If you do a load of manouvering looking for more money they will just hold the property for longer.

Get it ready, get it rented again to someone who wants to live there as soon as possible.

Xterminator

Hi OP

you have 2 weeks rent, and a months deposit = 44 days. you will be out 56 -44 = 12 days at most - if you fail to re-let (assuming you keep deposit). if you rent sooner you could be making money on this deal.

What is your main issue here tht you were looking for advice on?

I suggest you see can you get a new tenant soon as possible. You cannot ascribe any blame to tenant for the challanging market conditions.

Dick Turnip

I'm confused, what is the 56 day notice period? Did the tenant not say they are leaving at the end of the week??

Graham

There are minimum notice periods for landlords and tenants defined in the Residential Tenancies Act. The longer the tenancy, the longer the notice period.

Edgware

Dick Turnip wrote: »

I'm confused, what is the 56 day notice period? Did the tenant not say they are leaving at the end of the week??

Check out PRTB regulations re notice. This isnt 1975

Edgware

You got two good years out of the tenant and he got two good years tenancy. There are times to be a bit flexible. Whats due to you wont pass you by

B.A._Baracus

Edgware wrote: »

You got two good years out of the tenant and he got two good years tenancy. There are times to be a bit flexible. Whats due to you wont pass you by

You know what, that's the best advice.
Far worse positions to be in op and as another said just try and get someone in asap.

overkill602

notice periods are only applicable to LL
I do no term leases requiring 1 months notice from tenant had only 1 tenant leave in two yrs they had someone as a suitable replacement.
but my standards/service would be high

10pennymixup

overkill602 wrote: »

notice periods are only applicable to LL
I do no term leases requiring 1 months notice from tenant had only 1 tenant leave in two yrs they had someone as a suitable replacement.
but my standards/service would be high

Not correct, they apply to both.


Duration of a tenancy Tenants notice periods
Less than 6 months 28 days
6+ months, but less than 1 year 35 days
1+ year, but less than 2 years 42 days
2+ years but less than 4 years 56 days
4+ years but less than 8 years 84 days
8+ years 112 days

saabsaab

I wonder are you allowed to travel to show it or get it ready for the new tenant under the current rules?

The_Conductor

overkill602 wrote: »

notice periods are only applicable to LL
I do no term leases requiring 1 months notice from tenant had only 1 tenant leave in two yrs they had someone as a suitable replacement.
but my standards/service would be high

Your standards have little bearing on the success, or otherwise, of a tenancy- you've been lucky, very lucky- because if you genuinely haven't a clue regarding notice periods, I'd question what else you're unfamiliar with.

IndieRoar111

Greedy LLs like this give LLs a bad name.

Seth Brundle

IndieRoar111 wrote: »

Greedy LLs like this give LLs a bad name.

In what way is the LL being greedy?
There was a contract and one side is reneging on it. Would it be ok for the LL to abruptly end the lease like the tenant is doing?

daedal

Seth Brundle wrote: »

In what way is the LL being greedy?
There was a contract and one side is reneging on it. Would it be ok for the LL to abruptly end the lease like the tenant is doing?

The circumstances could have drastically changed for the tenant due to the pandemic, so the landlord should take into account the current situation and maybe question why the tenant needs to leave rather than be concerned about what money they are missing out on. I’m sure the tenants have paid way over the odds for the property in the last 2 years and the landlord should give them a break, especially in these uncertain times.

JustAThought

I’d just take the 2 weeks notice and let them out of the lease the month early without penalty or retaining deposit -unless money is due for outstanding bills or there is serious damage.Its a tough time and if their income / job is gone snd they’ve been good tenants for 2 years just be nice and do a kind thing for them. You might need a break some day too and not want someone be to the letter of the law with you.

Seth Brundle

daedal wrote: »

The circumstances could have drastically changed for the tenant due to the pandemic,

There are supports available. Have you checked if the OP's tenant applied for them?

daedal wrote: »

so the landlord should take into account the current situation and maybe question why the tenant needs to leave rather than be concerned about what money they are missing out on.

You're assuming that the OP has not considered this. My take on it is that the tenant handed in their notice without any discussion so had made up their mind.

daedal wrote: »

I’m sure the tenants have paid way over the odds for the property in the last 2 years and the landlord should give them a break, especially in these uncertain times.

This is just bitter and begrudging spiteful nonsense. You've absolutely no idea on the amount charged each month or whether the OP is actually making any money. You also don't appear to care for the OP who has made a a financial commitment which still needs to be met in these uncertain times.

Jjohnrockk

IndieRoar111 wrote: »

Greedy LLs like this give LLs a bad name.

Why should notice increase to be honest for tenant. In many countries notice remain same. That too in countries with oversupply. Here landlord can easily rent in few days. Strange

mikemac2

You have two weeks now and there will be one week where the room is completely free for viewings. You could fill the room in that time?

Sure you can keep the deposit but there was a solid relationship for two years, let them move on.