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Davecj: will try to word that in next lease. CAn you post that clause?
I don't have a clause for it, reason being I don't want to actively promote that someone can break the lease with no repercussions. It's more of a negotiation tool if they know they are on the hook for the remainder of the lease and they have been generally good tenants, I'll offer it. It comes with a hefty settlement agreement that they sign. It's nice because if they don't pay, you can take them to court with an agreement that they just signed and two months is seen as fair.
Basically you can threaten them to stay and they leave or they can leave on my terms. I choose the latter.
And according to our lawyer, some things you can't put in the lease.
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True...but early termination clause isn't one of them. And whenever there is communication between landlord/tenant, it better be in writing to protect both parties.
There is no way in hell I'd take your word (as my landlord) for anything...I'd ask for it in writing, agreed by both parties and signed by both parties.
If one of my tenants wants to leave early I let them. Better for them to leave when paid up and happy vs them stop paying and you have to evict them. I would tell them moving out is fine. If they ask about the security tell them you have to do the final inspection first and will go from there. If it currently looks nice then tell them you currently dont see any problems with damage to the house. Never mention that leaving early is breaking the lease and wait until they have everything out and have given you the keys. Better yet is if you can get a signed letter stating they are moving out volentary. If they ask tell them you have had past tenants move out then try and say the house had problems.
After they are out follow your state laws for claiming the security deposit
Stonny9; was thinking this. In fl, i'm reading state laws on this, it's unclear.
Here in Florida most places have two options....2 mths rent or pay the balance of the lease in full...they give the tenant the option of choosing which they want in the event of an early termination.
Your lease should say something in regards to early terminiation....any good real estate lawyer will tell you that. If it's not in there now, you can't force them to pay anything and you do owe them their deposit minus any damages ( not wear and tear, damages)
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