How to end the lease after tenant vacate?

[tracythao]

My original tenant sent me an email saying she is vacating the premise. She then sublease the house to another tenant, which broke our lease. We found out and told the new tenant to pay us rent instead of paying rent to the original tenant. We took the original tentant to court to evict her but the judge dismissed the case because we accepted 2 months of rent from the new tenant. Now we're not sure what to do to end the lease with the original tenant. Please advice. Thank you.

 

[jacksgal]

If new tenant is paying rent why is this a concern?

 

[tracythao]

The original tenant wanted to come back to stay in the house next year. We're afraid that if we change the locks without ending the original lease we're in the wrong and the court may make us pay for damages.

 

[jacksgal]

When the current lease expires deny (current) tenant a renewel and sign new lease with old tenant(s) You might add a clause about subleasing to avoid further problems

 

[tracythao]

To clarify, the original lease does not expire until Feb 2011. However the original tenant had moved out since April 2010 without paying rent because she said she got new people to rent the house on her behalf. When we went to court, the judge said we have to sue her in small claims court to get this rent money; and since we accepted rent money for June and July from new tenant, we can't evict anyone.

We do not want to deal with the original tenant any longer and was hoping to end her lease as soon as possible, eventhough she has moved out.

 

[jacksgal]

Contact the old tenant (you want no part of) ask them if current tenant is willing to sign lease will they sign off on early termination of current lease

 

[tracythao]

What document format would be best for this? Draft up and email or letter and have original tenant sign off on early termination?

 

[mightymoose]

It sounds as if your original tenant gave you notice that she was vacating. If she is already out and a new tenant is in, that original lease is worthless. The tenant broke that lease, and also sublet the apartment in violation of the lease.

Get the new tenant onto a lease right away. As it is, the new tenant has no lease and is month to month. You need to get them on a lease so they are on notice as to the terms of the rental.

If the new tenant was paying rent to the original tenant you could sue the original tenant in small claims for the amount of that rent.

 

[tracythao]

Thanks everyone one.