I had a leasing agent taking care of leasing my propety. A couple of months ago they turn over everthing back to me, saying they would no longer be my leasing agent, because the person how did that had to retire because of illness.
A tenant now wants to move out, and is breaking the original 1-yr lease which he had the leasing agent. He & I (Landlord) never sign a new lease. He gave he a 30 day notice over the phone and now wants all his deposit. He has been in the unit 7 months.
I do not believe he is not entitle to the deposit for breaking the original lease which he says was void when they gave it back to me. I disagree because I have always keep up to my end of the original lease agreement. We did talk several times about resigning a new lease, but never did. Thinking we would do it tomorrow, but tomorrow never got here. We continued doing business as if everthing was the same and it had never been an issue before. We never agreed to a month to month lease ether.
He has gotten in to financial problems & can no longer afford to stay.
I would certainly keep the deposit! The lease survives changes in ownership and management. However, maybe someone from Texas can comment on the laws in your state.
unless your lease is constructed in a strange way, the fact that your agent is no longer managing the property does not mean the lease is not inforce (and certainly not void).
notice over the phone means nothing.
the real question is whether he is a) current on the rent and b) still occupying your property.
if he has not paid for Aug, then hit him with a notice to pay or quit (first step to eviction) and then consider some type of cash-for-keys program. Only give him any money (say 1/2 his deposit) AFTER he moves out and leaves the place un-damaged.
Why does he think the lease is void? In Texas you need to follow the lease. The lease probably requires them to provide written notice to break the lease and you probably have to agree. If they don’t provide written notice and yo don’t agree then you keep all the deposit.
the lease is between the tenant and the property owner (you). the agent is, by definition, your “agent” meaning that you have authorized him to transact certain business (signing a lease) on your behalf. The lease is NOT between the tenant and the agent. The agent has nothing to lease. duh.
if the tenant signed a lease, you and he have a contract. he wants to break that contract.