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VirtueOfIntolerance | If you were a landlord and a tennant needed to break a lease 6 months early, what would you do? |
Would you hold them to the "letter of the law"? or would you be understanding?
Let's assume that the tenant is trying to find someone to take over the lease but has not been successful.
BTW, i would be pretty lenient, I would definitelly not sue them, I'd let them break the lease if they were decent tenants. |
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Baby #1 on 12/10/08
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It would depend on why and how they bring their issue to me. If they were to come up to me with an 'in your face' attitude, no way, I'd hold them to the lease, regardless of what their situation was. Situations that would I would allow would be like relocating because they got a better job, family issues out of the area, if illness or injury affected their ability to make my rent. If they want to buy a house or just move, no way, if they quit their job (not laid off) no way, if they get want to get a pit bull, no way, and other things like that.
Assistance in finding a new renter would be a big plus, but I'd ask for 30 days notice and keep their deposit. |
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Peilthetraveler
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It costs money to find a decent creditworthy tenant. But if the tenant left the rental in PERFECT condition, gave 30 days notice and forefited their deposit, (assumming deposit was 1 months rent) I would let them break their lease. |
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estielmo
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I would not allow the tenant to choose a replacement unless they were fully screened by me. I would essentially terminate the original lease and start a fresh one.
However, early termination terms are usually contained in the lease. If not, settle on a two-month penalty, as it is unlikely any court will give more. This allows you time to clean the place out, prep it, list it and approve a new tenant without any loss of income.
If you can do it all in 30 days and you are a freaking saint you might let the tenant go with only a one-month penalty. |
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TBONE
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Best answer is to hold both parties to the letter of the LEASE Agreement, as long as it follows the law. The lease, a contract between both parties, outlines what is to happen and when. Everything is in writing.
A well written lease agreement will cover every possible event conceiveable to cover both the tenant and the landlord. A poorly written one leaves so many holes open for suit.
I would stay to as close to the lease agreement as possible, as many landlords do. Not doing so causes both parties to lose both money and respectability. Niether really needs the legal hassles. |
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robert r
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you have answered your own question, as a land lord, you can do all most anything you want, its up to you, by being lenient, you might find it easier to re lease the property, by being tight on this the opposite could also be true once the word got out on the street.. its your call |
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Mandi
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How I would act would depend on if I was able to rent the place out again or if I would be losing money on it. If I could rent the place, then no harm done. I would get a new deposit from the new tenant and move on. I would probably let them "buy" their way out of the lease, say for an extra month's rent to give me time to rent it out. They would get off without owing me all six months and I would have a chance to get another tenant. It has to be fair to both parties. I understand that the tenant doesn't want to pay, but they need to understand that I have fixed costs that won't go away when they do. |
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Galvan
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Would I let them off the lease? I would probe, see what their reasons are. If their finances have changed since they moved in I would either see about maybe lowering their rent to a rate where it makes it affordable for them and I don't have to look for another tenant but also not lose any "actual" money. If you don't like them as tenant's then they are giving you the opportunity to get rid of them. I've had bad both bad tenant's and some where they simply couldn't afford to lease from me anymore. I would have gladly let the bad ones go but they were always on time with there payment. The other however, were a great couple and I did lower their rent to help them out but also keep me from having a vacant house which I had to make a mortgage payment on every month. |
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Wayne S
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My first question would be why are they needing to break the lease. If they were having to move because they got an awesome job offer in another city I would be more understanding than if they just wanted another place closer to their current job.
Other factors I would consider would be if they paid on time and how well they kept up the property. |
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Gertie
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For me it would depend on the circumstances for breaking the lease. However most landlords do the lease scenario that way they dont have to worry about a tenant moving in then out again in a few months. And if the tenant does break the lease they are more than likely gonna want their money. I just dont understand why they dont just say he if you break your lease your going to pay me an additional XXX amount of dollars for a cancellation fee. |
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Nurse
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All things considered... and I may have to do this, who knows?
I would understand. The letter of the law is fro the ones who try to break the law. We're all people, and have circumstances. If they were arrogant and try to screw with me, I would decide to hold them to the letter of the law. Or pick my battles, depending on the circumstances. The whole country is suffering from the economical decline, why would I make someone's life even more miserable? I would let them out of the contract. I put people above the law. They say nobody is above the law, but if you make the law, you can break it. Within reason, of course.
So far I have been on the other end of the law, the person who loses and I never got anything too smooth in my life except for my wedding cake.:)
But I would not make others pay for the lack of kindness of the others. No way! I may get trampled all over by jerks, but in my book, it's on them. I want to sleep well at night, unless the kids keep me up, I don't want anything on my conscience. :)
There, you got my two pennies. I am back to packing. :) |
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April L
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make them pay until i found another renter... |
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