A tenant for a property I manage entered into a lease with the landlord and paid a security deposit and first month’s rent. 租期开始的前一天, the tenant notified me that he had changed his mind and no longer wanted to rent the property. The tenant asked me to send the security deposit and first month’s rent to his new address, 但房东想要保留这笔钱. 房东能这么做吗?
也许. The landlord has an obligation to secure a satisfactory replacement tenant. 租户也可以尝试找到替代租户. If a satisfactory replacement tenant who can move in by the lease’s commencement date is not found, the landlord may hold the tenant in default and exercise the remedies in Paragraph 27 of the 住宅租赁. This may allow the landlord to keep the security deposit and first month’s rent.
另一方面, if the landlord does find a satisfactory replacement tenant who can move in by the commencement date, the landlord may only deduct from the security deposit and the first month’s rent either a sum agreed to in the lease as a cancellation fee or actual expenses incurred by the landlord in securing the replacement tenant.
It seems to me that since the tenant entered into a lease agreement that the landlord could also accelerate the rent the property remains ujnented.
在上面的实例中,您有一个已签署的租约. What if the application has been accepted, but, the lease has not been signed?
作为前任物业经理,我的想法是. 合同是“签署的法律文件”。. Until the lease is SIGNED, the tenant/landlord are under no obligation. The application has been accepted does not indicate anything other than ‘the application has been accepted.“即使它被接受了, it still needs to be verified and approved before the next step is taken and a lease is signed.
When we had the “Agreement for Application Deposit and Hold on Property”, it spelled out that the Approved Applicant could forfeit the Deposit if they did not sign a Lease within (x) hours of the Approval or in the event that they Withdrew. 在那之后,表格就被扔到一边去了, there is nothing binding an approved applicant UNTIL/UNLESS they sign a Lease – so there is BIG incentive to get applicants approved quickly and have them sign the binding Lease.
Imagine that you have paid the 租户 agent for find a qualified tenant, 代理人已经完成了他的工作,应该得到补偿, 租客退出不是他们的错. I do believe a replacement satisfactory tenant should be sought, 以及任何费用, 其他代理, 贵公司佣金, 市场营销, 失去了租金, 等., should be taken out of any funds you have in possession of the future tent.
I’m looking forward to the legal response on this one (查尔斯拱腰 above). 如果代理人已经得到报酬了怎么办? 签了租约,合同就签订了.
Had it happen to a couple we leased when the girlfriend got to the house and told her boyfriend she can’t go thru with this and refuse move in. He didn’t want the house either but he was the one with credit so he got stuck with the bill. It took 2 months to find a new tenant and that died before move in so poor guy had to pay 4 months rent without even moving in. He didn’t even get security deposit back as we charged to secure new tenant. 老板对我们的工作很满意.
I think in 约翰普 case the landlord should have been more human. It is not always the case just because the contract says he tenant should be obligated to pay rent whether his partner situation changed or not. I had similar case , but they were husband an d wife who moved it to a leased house for $2500/month. 租约开始两个月后,妻子离开并提出离婚. My tenant called me asking for help as he could not pay the rent all by himself. 我2021十大正规彩票app他和房东谈谈,解释一下… 阅读更多»