Lease Breaking:
A Guide for Landlords

The landlord can take legal action to collect any unpaid rent, but it becomes a bit more challenging. They would typically need to go through small claims court, which has a cap on the monetary amount that varies by state—for example, a cap of $7,500. If the amount the landlord needs to collect is higher, the case would move to county court. Small claims courts are designed to be user-friendly, allowing individuals to represent themselves without an attorney, which helps to simplify the process and reduce costs. So while there is a solution available, it does require stepping through the legal system.

The landlord should consider taking the matter to small claims court or county court, depending on the amount due. Besides that, keeping meticulous documentation of all interactions, agreements, and financial transactions related to the tenancy is crucial. Good record-keeping will greatly benefit the landlord if they decide to file a claim. A well-documented case can expedite the court’s review and lead to a quicker resolution. Thus, Jeanne’s advice to Maple is to ensure all documentation is in order before filing a case.

Yes, a lease addendum can be drawn up and integrated into an existing lease during its term as long as both the landlord and the tenant agree to the changes and sign off on the amended terms. This way, the lease accurately reflects the current situation with the pets.

The requirement for landlords to provide receipts for rent payments, including those made through electronic methods like Zelle, can vary based on state laws. While not all states may mandate the issuance of receipts for electronic rent payments, it is generally considered good practice for documentation purposes. Landlords are advised to issue receipts to maintain clear records of all transactions. It’s also recommended to review your specific state’s regulations to determine if there is a legal requirement to provide rent payment receipts in your jurisdiction.

No, if a tenant does not agree to the new terms and refuses to sign the addendum, they cannot be legally held to it. The only option in that scenario is to wait until the lease is up for renewal and then introduce the new provision. If the tenant wishes to continue the tenancy, they will then need to agree to the new terms and sign the lease. So while it’s a bit of a gray area when the tenant doesn’t agree, it highlights the importance of including as many relevant terms as possible when initiating a new lease agreement.

Additional Comment: Indeed, this is why changing terms mid-lease can be challenging. The best approach is to ensure that the initial lease agreement is as comprehensive as possible. While you can introduce updates to a lease with an addendum later, you need mutual agreement, and trying to make changes without that can create friction between the landlord and tenant.

It is indeed possible for a landlord to sell their property, even with a tenant in it. However, the landlord and the new buyer must honor all current leases until they expire. Tenants are legally safeguarded in this respect. Furthermore, it’s common for buyers to be fully aware that they’re purchasing a property that comes with existing tenants and their leases.

Unfortunately, it’s not guaranteed that the tenant will have the means to pay the debt, even after a court order. They may lack the necessary funds, assets, or employment from which wages could be garnished to settle the debt, which can result in the debt being uncollectible.

After winning a court claim, there are usually negotiations or agreements made, possibly leading to a payment plan if the debtor doesn’t have the full amount—say $5,000—readily available. In the case of employed individuals, wage garnishment could be pursued. A valid court order also allows the landlord to employ a collection agency to follow up on the debt.

Landlords have several methods to attempt debt recovery after winning a court claim. The process can be complex, so it’s useful to seek guidance from other landlords, local landlord associations, or those acquainted with the legal system in your area, as their insights can be crucial in navigating these situations effectively.

Assuming we’re discussing a co-applicant—someone whose name is on the lease as a tenant—and not a co-signer, it would generally be their responsibility to find a suitable replacement before they exit the lease. This tenant replacement process should be specified in the lease, ideally in an addendum covering scenarios with multiple leaseholders. When all parties have signed the lease, each of them is responsible for fulfilling the lease terms. If a tenant needs to depart, finding another tenant to assume their responsibilities helps to maintain the lease’s integrity and financial obligations.