REVscene Automotive Forum - View Single Post - Tenant refusing to move in to rental and fulfilling out lease obligation.

Gridlock · 09-10-2012, 09:08 PM

Hell yeah that matters! That is pretty steep, but at least you can negotiate down from there.

Here's how I look at these things, and its a little different from dino's philosophy.

People break lease. It happens. Its rare that its because of feng shui, but it happens. I want to tax them some money, otherwise the leases are useless...like, whats the point of the one years lease if there is no financial penalty to breaking it? I want to make sure I'm covered on rent for the duration of the lease, and I want a pain in my ass out of my life.

Honestly, I'd fight you if you went after 750/month for the remainder of the lease as liquidated damages as unreasonable(yes, I know that your apartment is decent money) but thats me.

So if your rent is $2000/month, I have no issue with a one time $750 charge on liq.damages and loss of rental revenue for the lease. I think the branch would be in agreement that something in that range is "reasonable" (a word they LOVE to use) That 750 covers you for having to re-rent the unit as thats a pain in the ass and so on.

So, I'd get her on the phone and use my "carrot and stick" conversation. Bait her with the carrot of not going for the full monthly liq.damages and make it a one-time fee, and beat her with the stick of being that pain in the ass in an unfamiliar town if she doesn't comply. You've been here a week and already have problems. Let me know how you want this to play out, because I'm open to reasonable options. BTW-reasonable does not mean you walk away and I'm left holding the bag. Go.

I ALWAYS love to get a tenant to see your side of the issue, and make them think about what they would do in your situation. Makes fucking you so much more difficult for reasonable people.

09-10-2012, 09:08 PM	#11
Gridlock Banned By Establishment Join Date: Dec 2003 Location: New West Posts: 3,997 Thanked 2,982 Times in 1,135 Posts Failed 284 Times in 109 Posts	Hell yeah that matters! That is pretty steep, but at least you can negotiate down from there. Here's how I look at these things, and its a little different from dino's philosophy. People break lease. It happens. Its rare that its because of feng shui, but it happens. I want to tax them some money, otherwise the leases are useless...like, whats the point of the one years lease if there is no financial penalty to breaking it? I want to make sure I'm covered on rent for the duration of the lease, and I want a pain in my ass out of my life. Honestly, I'd fight you if you went after 750/month for the remainder of the lease as liquidated damages as unreasonable(yes, I know that your apartment is decent money) but thats me. So if your rent is $2000/month, I have no issue with a one time $750 charge on liq.damages and loss of rental revenue for the lease. I think the branch would be in agreement that something in that range is "reasonable" (a word they LOVE to use) That 750 covers you for having to re-rent the unit as thats a pain in the ass and so on. So, I'd get her on the phone and use my "carrot and stick" conversation. Bait her with the carrot of not going for the full monthly liq.damages and make it a one-time fee, and beat her with the stick of being that pain in the ass in an unfamiliar town if she doesn't comply. You've been here a week and already have problems. Let me know how you want this to play out, because I'm open to reasonable options. BTW-reasonable does not mean you walk away and I'm left holding the bag. Go. I ALWAYS love to get a tenant to see your side of the issue, and make them think about what they would do in your situation. Makes fucking you so much more difficult for reasonable people.