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Old 07-19-2017, 03:32 PM
 
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Does anyone here know of any common or reasonable and legal penalties that can be imposed should tenants break their lease?

I am in CA.
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Old 07-19-2017, 09:01 PM
 
Location: North Idaho
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Most states will allow a lease breaking fee. You'll have to look up California landlord tenant law to see what California allows.

The lease breaking fee will have to be in the lease in order to charge it.
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Old 07-19-2017, 10:01 PM
 
Location: Riverside Ca
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Normally .LL mitigates.

If you give the tenant the option of paying a lease break fee that's fine. It just needs to be written in the lease. If there is no lease break fee clause you must mitigate.
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Old 07-19-2017, 11:35 PM
 
Location: Phoenix, AZ area
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Based on how he worded the question I am guessing the OP is the tenant. Read your lease and see what it says but if it doesn't mention early termination then you pay rent until the unit is filled with a replacement tenant. Most break fees in a lease will state they either do or don't release you from the lease agreement. If the early termination clause states it doesn't release you then you pay the fee plus rent and if clause does release you then you pay the fee only.
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Old 07-20-2017, 08:03 AM
 
Location: Southern California
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The penalty is either a flat fee outlined in the lease or you pay until it's rented out again or your lease ends.
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Old 07-20-2017, 09:54 AM
 
Location: Denver CO
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It should be in the lease. Based on your other thread, you are the landlord - you don't know what's in the lease you are having your tenants sign???
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Old 07-20-2017, 10:07 AM
 
Location: The Triad
34,090 posts, read 82,988,469 times
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Quote:
Originally Posted by tsuyoshi1 View Post
Does anyone here know of any common or reasonable and legal penalties
that can be imposed should tenants break their lease?

I am in CA.
Didn't you just ask these questions in your last thread?
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Old 07-23-2017, 07:45 PM
 
4 posts, read 2,291 times
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Quote:
Originally Posted by emm74 View Post
It should be in the lease. Based on your other thread, you are the landlord - you don't know what's in the lease you are having your tenants sign???
I did not put in a lease penalty fee since i am not quite experienced.

But this had turned out to be an issue. At the same time I do not want to make things difficult to turn away tenants.

Just wondering what some of the more seasoned LL do about this issue.
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Old 07-23-2017, 08:36 PM
 
Location: The Triad
34,090 posts, read 82,988,469 times
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Quote:
Originally Posted by tsuyoshi1 View Post
Just wondering what some of the more seasoned LL do about this issue.
They'll avoid the question altogether and not have long term leases at all.
Simple month to month agreements work well.

If you screen well you'll get good tenants.
If you do what you're supposed to regarding upkeep you'll keep those good tenants.
Well, you'll keep them for as long as rent is fair and they want/need to be in the area.

When they have a reason to leave... they'll leave whatever the lease terms are.
Focus on having good relations so you can know when you'll need to find new tenants.
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Old 07-23-2017, 08:58 PM
 
Location: Riverside Ca
22,146 posts, read 33,544,925 times
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Quote:
Originally Posted by tsuyoshi1 View Post
I did not put in a lease penalty fee since i am not quite experienced.

But this had turned out to be an issue. At the same time I do not want to make things difficult to turn away tenants.

Just wondering what some of the more seasoned LL do about this issue.
You can mitigate
Or
You can have a lease break fee and tenant walks away

I'm not sure why this is a issue. Most LLs tend to mitigate as that's the default housing laws for California. But you can do a lease break fee and you and the tenant are done no mitigation.

My tenants all give notice. I had a few yahoos in the past but for the last 8-10 years I screen the hell out of it and my leases are 9 pages long.
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