What to do if my tenants picked up and left?

I have a signed contract with a property management company to collect the rent from the tenants who have been occupying my property in Utah. Last week the tenants vacated the property without notifying the property manager of their decision, and they owe us rent for this and the next 11 months, according the lease agreement, or until another suitable renter is found. Who can I sue for the rent that is due? The property manager (who would then sue her for the rent) or the tenant herself? She has signed a 1 year lease agreement but vacated the property after living there for 3 months.

Asked on November 13, 2012 under Real Estate Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two different issues here.  The person liable seems to be the tenant if all we are talking about is the lease.  If the lease was signed by the property management company on your behalf  - as agent - then they have to sue the tenant for a breach.  The terms of the lease as well as LT law in Utah will apply so it is best to seek help from an attorney there.  Now, did the property management company do anything - or fail to do something - that the tenant will say cause her to leave (like a contractive eviction claim)? then you have an issue with the management company for breach separate and apart from the rental issue.  Get help.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two different issues here.  The person liable seems to be the tenant if all we are talking about is the lease.  If the lease was signed by the property management company on your behalf  - as agent - then they have to sue the tenant for a breach.  The terms of the lease as well as LT law in Utah will apply so it is best to seek help from an attorney there.  Now, did the property management company do anything - or fail to do something - that the tenant will say cause her to leave (like a contractive eviction claim)? then you have an issue with the management company for breach separate and apart from the rental issue.  Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.