I am looking for someone with experience getting out of a lease before your term was up.

I have a rental property and my tenant informed me this morning via email that she wanted to break the lease. Her current lease runs until June 30th; in her contract it states that in order to terminate it, the remainder would have to be paid for.

I have never encountered this scenario before, and I am wondering what I should do if she decides not to pay the balance. I have a month deposit plus a security deposit, but she still has not paid for April.

Has anyone ever gotten out of a lease early, what did your landlord ask from you?

It is a tough situation as she is still in the house and I want it back in one piece.

Thanks,
J

 

I'm pretty sure all you can do is file with a collections agency if she doesn't pay. I've never dealt with it, and just going on third-hand knowledge. If it's worth it to you, you might want to speak with your attorney.

 

My sister has done this before. She ended up making a deal with the owner and found someone else to live in the house instead of her for the remaining months. She was already sharing it with a roommate at the time but the roommate stayed.

 

I broke a lease. Paid a couple of months extra rent, giving the apartment manager time to rent it again. Must have worked out since they didn't come after me or ding my credit.

 

State law trumps lease agreements, and most states allow for 30 days notice max. The contents of the lease are largely not legally binding where they differ from state or local regulations.

In other words, if your state law specifies 30 days notice is all that is required, as long as your tenant gives you 30 days notice in writing she's in the clear, regardless of what the signed lease contains. If you take her to court over the remaining lease period you will lose.

And as you pointed out, the tenant is still in the house, so it is in your best interest to forget about getting rent up to June 30th. The lease agreement is a way to lay out expectations for both parties. If one party wants out, there is no benefit to fighting over it. Especially if the tenant wants out because they can no longer afford the rent.

I've even had a landlord reduce the rent for the remainder of the lease period until another, cheaper property of theirs became available. It's far better for both parties to use the lease as a document containing expectations rather than something to be used as a club. If conditions change, expectations need to be altered. As property owner, it's better to reduce the amount of work required to re-list the property than engage in some sort of heavy-handed contest of wills.

 

Thanks for the input guys! If she leaves me one month and the house in one piece I would be quite happy. Just wanted to pick some brains before I call her.

J

 

Something like this I wouldn't consult a forum. State, city, county, etc. laws can vary greatly, I'd try contacting a lawyer. I'm just saying this could result in thousands of dollars lost if not handled properly. An hour with a lawyer could potentially save your ass.

 

look up clark howard, he may have a rough idea of what you need to do. its usually a good faith agreement that everyone follow through with the "agreement". Unfortunately you have some people that bite off more then they can fiscally chew. Next time get 2 months rent up front.
from what I have heard from renters you want to keep your monthly rental propeties above 1000 dollars. this helps keep out the classes of people that you don't want to deal with.