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moonspots Happy Curmudgeon
Joined: 03 Feb 2007 Posts: 2456 | TRs | Pics Location: North Dakota |
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moonspots
Happy Curmudgeon
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Sat Jul 11, 2015 5:24 am
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RandyHiker wrote: | -- so it is essential to deposit any rent check on the same day it was collected. |
And the best way for even this not to become a chargeback situation is to cash it at the bank that it's written on. Even if his bank cashes it, if the check writer's bank returns it for NSF, he's still out of his money.
However, of course that is only practical if the writer's bank is close by...
"Out, OUT you demons of Stupidity"! - St Dogbert, patron Saint of Technology
"Out, OUT you demons of Stupidity"! - St Dogbert, patron Saint of Technology
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Roly Poly Member
Joined: 02 Jan 2013 Posts: 713 | TRs | Pics
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Feeling pretty let down by Windermere who found my tenants, took the first month rent. Contract is for a year but the renters are baling after only 3 months because they are buying a house. So basically they had no intention of adhering to the year contract. As far as i can tell, according to tenant laws, they can pretty much walk out of the contract and there is very little a landlord can do. What a waste! Windermere got their first month rent, and now I start the process all over again!
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bk Member
Joined: 01 Jun 2012 Posts: 266 | TRs | Pics
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bk
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Mon Aug 17, 2015 10:23 pm
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Bummer. That doesn't seem right.
RandyHiker's note on engine rebuilds in the living room make me think of this movie: Pacific Heights
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iron Member
Joined: 10 Aug 2008 Posts: 6392 | TRs | Pics Location: southeast kootenays |
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iron
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Mon Aug 17, 2015 11:08 pm
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boo. that sucks.
in the contract language we have written up for our rentals, it states that if a tenant breaks the lease before the stated termination date, the full security deposit is forfeited. legal? not sure. but it's in there.
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DIYSteve seeking hygge
Joined: 06 Mar 2007 Posts: 12655 | TRs | Pics Location: here now |
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DIYSteve
seeking hygge
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Tue Aug 18, 2015 8:35 am
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Keep Calm wrote: | As far as i can tell, according to tenant laws, they can pretty much walk out of the contract and there is very little a landlord can do. |
Where are you getting your info? Did the T sign a written lease with a 1-year term? If so, the T is obligated to pay rent for the entire term unless a LL breach excuses performance or there is some other affirmative defense. Also note that the LL has an obligation to take reasonable means to mitigate damage by seeking a new tenant.
The above might be modified by the written lease.
This post is merely an observation based on limited facts and does NOT constitute legal advice. I am NOT your attorney.
My advice: Engage an attorney. You are in any business: yes, renting out property is engaging in a business.
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bk Member
Joined: 01 Jun 2012 Posts: 266 | TRs | Pics
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bk
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Tue Aug 18, 2015 8:48 am
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I recall my apt. owner decided to use a property manager quite a while back. (He didn't want to handle it anymore. Even though the owner lives a few blocks away, he's getting close to age 80 or something.) He used a big-name property manager for the first year (I think it was Windermere, but don't remember exactly. Big-name.) He was very unhappy with how they handled things, bringing in problem tenants and problem situations (like allowing big dogs in small apartments; drug users . . . or whatever). He dropped them [Windermere?] after that first year and went with a more local guy, who seems like he was pretty good. [This is in Mukilteo; while the big-name guy had to make trips up from Seattle.] Anyway, you can always switch.
In terms of laws, besides the WA state tenant-landlord laws (posted extensively online), if you're in Seattle, I do recall they have more particular tenant-landlord laws that are heaped upon the state laws. I'm sure it's a matter of going through the motions. Maybe easier said than done. Hope it gets worked out.
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Roly Poly Member
Joined: 02 Jan 2013 Posts: 713 | TRs | Pics
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Big Steve, I spoke with Windermere and even though the contract is "air tight", according to Seattle tenant landlord law, it is my responsibility to "mitigate the losses of the tenants" by finding a new renter. I interpret this to mean that the tenants can essentially just walk way! I am especially annoyed that the first month rent went to Windermere and now I have to do this all over again and forfeit yet another month or however long it takes me to get a decent renter. I wont be using Windermere. And on a side note, the tenants looked great on paper with a huge income. So great that they can actually afford to move to Seattle, buy a house within a couple of months and have no reservations at all about breaking the contract. If this had been 10 months into a 12 month lease, I could understand but they are 4 months in! Anyhow, now that I vented, I feel better!
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DIYSteve seeking hygge
Joined: 06 Mar 2007 Posts: 12655 | TRs | Pics Location: here now |
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DIYSteve
seeking hygge
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Tue Aug 18, 2015 11:11 am
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Keep Calm wrote: | it is my responsibility to "mitigate the losses of the tenants" by finding a new renter. I interpret this to mean that the tenants can essentially just walk way! |
Yes, as I noted in my prior post, the LL has a duty to use reasonable means to mitigate damages, but that certainly does not mean that the breaching T can "walk away." It's basic contract law that the breaching party is liable for damages proximately caused by the breach to the extent those damages are not avoidable via reasonable mitigation efforts of the non-breaching party. Of course, you cannot finally calculate your damages until you wrap up your mitigation efforts by finding a new tenant, but in all likelihood your mitigation efforts will not completely close the gap. If indeed the T has already vacated the premises, i.e., possession is not at issue, this sounds like a relatively simple collection case.
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bk Member
Joined: 01 Jun 2012 Posts: 266 | TRs | Pics
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bk
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Tue Aug 18, 2015 1:12 pm
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What BigSteve says makes sense to me.
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Snowbrushy Member
Joined: 23 Jul 2003 Posts: 6670 | TRs | Pics Location: South Sound |
BigSteve wrote: | to mitigate damages, but that certainly does not mean that the breaching T can "walk away." |
If the tenant is discovered walking away the landlord may enter the residence without notice and remove valuables for safe storage to mitigate his damages.
Oh Pilot of the storm who leaves no trace Like thoughts inside a dream Heed the path that led me to that place Yellow desert stream.
Oh Pilot of the storm who leaves no trace Like thoughts inside a dream Heed the path that led me to that place Yellow desert stream.
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DIYSteve seeking hygge
Joined: 06 Mar 2007 Posts: 12655 | TRs | Pics Location: here now |
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DIYSteve
seeking hygge
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Tue Aug 18, 2015 3:22 pm
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Snowbrushy, you're talking about a landlord's lien. Best to engage an attorney before considering that option.
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Snowbrushy Member
Joined: 23 Jul 2003 Posts: 6670 | TRs | Pics Location: South Sound |
Of course.
Oh Pilot of the storm who leaves no trace Like thoughts inside a dream Heed the path that led me to that place Yellow desert stream.
Oh Pilot of the storm who leaves no trace Like thoughts inside a dream Heed the path that led me to that place Yellow desert stream.
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Waterman Member
Joined: 21 Mar 2015 Posts: 590 | TRs | Pics Location: Big Snow Quadrangle |
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Waterman
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Tue Aug 18, 2015 8:29 pm
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If possible, drive by current house for a look. And take a peak in the back seat of their car. You can get a fair idea of what your house will look like from the back seat.
Two roads diverged in a wood, and I,I took the one less traveled by. And that has made all the difference.
Robert Frost
Two roads diverged in a wood, and I,I took the one less traveled by. And that has made all the difference.
Robert Frost
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