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So these guys practically beg me to lease the place to them because they are at their familly, moved from TN, kid needs operation bla bla bla. I run a report and they score 3 out of 100 points, but they look very nice, very nice manners, so I think ok, bad stuff happens to everyone, let me give them a chance. So I ask for first and last month rent upfront and one month as a deposit. They fill the lease application, never state on it that they have dogs. We go over contract, I tell them that no pets allowed and show them the clause that I will charge them $500 initially and $50/day until they remove the pet from the property. They don't even flinch or ask anything. So we sign a lease and they send me 2 hours later an email that they have 2 dog (boxers) and that they would like to withdraw from the lease. To make matters worse, the previous tenant has broken the lease and moved out on good terms, i completely understand the reason, gave me 30 days notice and said that he will pay until the end of the lease or until I find the tenant. So now I am in a bad spot, if I break the above lease, and keep charging the old tenant and he finds out, I am breaking the law, and he can come after me. But these imbeciles that signed the lease yesterday, I don't want them to move in like this, problems from the start. So what do I do?

[danil70]

Let the old tenant out of the payments. Let the new tenant break the lease. Return the check. Sleep well knowing you (a) did the right thing for your good old tenant, and (b) dodged a bullet with the bad new tenant. And reevaluate your screening process.

[jorel]

Signed lease is binding, no matter if it's been one day or one second. Cash their check and refund them one month's rent, keeping one month and security. Do not charge the old tenant, as you DID have a signed lease with another tenant.

[yago]

Well don't charge the first tenant and theb just kick them out and if they don't leave then call the police. Or you can call the non emergencey line and what you can do.

[ingel]

It's possible the previous tenant found these people for you so he could walk away from his lease. You have to ask yourself if it's worth the trouble or just find a new tenant.

[toryn34]

You can't get blood out of a turnip. Cash their first month's check, serve them with a vacate notice and don't give them the keys. Keep a copy of the email that states they want to break the lease because of the dogs, and start looking for a new tenant. Either way you are ok, because you still have the old tenant paying the rent. and you have 2months rent up front.
Most leases are for the the whole amount 12 X the monthly rent = $xx,xxx for the year or whatever the time frame is. They only pay it pro ratedly. 1/12 per month. So the tenant is still obligated to pay for the entire term, no matter whether they move out or not. So the first tenant still owes you, the second lease can be broken by you because they desire to do so and they have violated the terms of the lease. You still get the first month's rent, because they tied it up for a month.