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I need some guidance. I will list the specifics.

  1. I have tenants that have rented from me for 2 years and 9 months presently they have chose to not communicate with me and are moving out with three months left on the lease.
  2. I sent the lease to them 11 months ago with all returned postage paid hey failed to send it back.
  3. they have paid the agreed amount on time these last months.
  4. I live 1000 miles away presently in NY so travel to the house is not allowed i would be quarantined for 14 days.
  5. I am worried about the house being left open, left with damage a whole list of uncertainties.
yoozer8
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Tim Bailey
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    What exactly is your question? – Nosjack Apr 03 '20 at 18:14
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    You're saying there's no signed lease ? There can't be a broken lease if there's no lease – xyious Apr 03 '20 at 18:22
  • I live 1000 miles away presently in NY - does this mean you live in New York in the USA? Is the rental also in the USA (if so, which state), or is it in Canada or Mexico? Local laws will likely be relevant – yoozer8 Apr 03 '20 at 18:31
  • We have a signed lease from the first two year agreement but the tenants ave failed to return the one year agreement that was drafted and mailed with pr-paid return postage. The tenants have paid the amount the was outlined in the new lease the past 9 months. – Tim Bailey Apr 03 '20 at 18:33
  • @Tim: Did the original lease have any verbiage about month-to-month extensions after the original term was reached? That language may still be in effect, unless you sent them written notice that you were terminating the original lease. – Ben Voigt Apr 03 '20 at 19:45

2 Answers2

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The legally binding language is likely whatever the original signed 2 year lease said about automatic extensions if neither you nor they gave timely notice to vacate at the end of the original term.

Considering the potential range of damage and that you have virtually no way to prove that the tenants are responsible (vs some vandalism after the lease ends) it would behoove you to offer to agree to their desired departure date in exchange for their sending you extra documentation of the property condition and taking extra protective measures as they leave it unoccupied (shutting off water outdoors and draining pipes, putting storm covers on windows, etc).

Ben Voigt
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You need to find a local person you trust, or a company in the area that manages leases.

The cost of going to the property to show it for lease and to conduct the end of lease inspection was always going to be costly. This end of lease situation was always an issue, but the current travel restriction due to health situation makes the issue not just about cost.

If the two parties didn't agree regarding a new lease, then what ever terms there are in the previous lease regarding end of lease activities still apply. State and local landlord-tenant law also applies. If the lease converted to a month-to-month situation, they aren't leaving 3 months early; they are just leaving.

mhoran_psprep
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  • I have written ( text ) communication with agreeance with the one year lease terms as well as them paying the amount agreed monthly for the last 9 months. Does this not bind them to the terms? – Tim Bailey Apr 13 '20 at 13:29
  • That will take a lawyer. But even if they stay the other three months, you will still have the expenses of you traveling to the unit to inspect it, and find a new renter when they do decide to move. – mhoran_psprep Apr 13 '20 at 14:04