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Renter wants to move out before lease is up, by dorothy (illinois) on February 16, 2010 @09:33

                              
My tenant wants to move out before his lease is up in September as they are looking for a house. He wants an answer as to what to do. I want to charge him for the entire lease. He says he will assist in finding another renter. I would rather he pay up front and also find a renter. What are my rights in this situation and what can i say to him?
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Re: Renter wants to move out before lease is up, by Anonymous on February 16, 2010 @10:19 [ Reply ]
You can try to ask him to pay upfront but you already know the answer to that. Tell him that he has a lease and if he decides to leave, he is responsible for the rent until the unit has been rented.

OR

I would charge him 2 - 2.5 months rent to break the lease to cover vacancy and ads (but that's just me). Besides, if he decides to leave now and you go after him in court, you wouldn't get judgement for the whole lease up to September. I believe you most likely be given judgement of up to 2 months.

Re: Renter wants to move out before lease is up, by Anonymous on February 16, 2010 @11:48 [ Reply ]
You can't have him pay for the entire lease and have a new renter paying rent. He should pay monthly rent as it is normally due until a new renter is found.
Re: Renter wants to move out before lease is up, by Henri on February 16, 2010 @12:06 [ Reply ]
You can charge the tenant all the rent, fees and costs that you are out until the unit is re-rented. But you must use due diligence, IOW you must try to rent the unit ASAP. You may not sit on your hands until September and expect that the tenant is responsible for the rent unless you can convince a judge that this is reasonable (it is not.)

And, as above, you cannot collect rent from the prior tenant after he vacates and re-rent the property to another and collect rent from them as well for teh same month(s).

Re: Renter wants to move out before lease is up, by CA (HI) on February 16, 2010 @19:47 [ Reply ]
I'm in the exact situation...a couple in my most expensive and hardest-to-rent unit wants to break their lease which ends Sept. I have a specific clause in my lease for when tenants want to break the lease. They pay a re-rent fee of 15%, plus the amount of time left vacant. I had this happen once before, and I charged a month's rent before they left. It was rented before that month was up, so I ended up returning some of the rent back, in addition to the security deposit.

The current tenants of mine have been the ideal tenants and very responsible, and I know their place is always spotless, so I asked them to take care of the showings and I would waive the 15% fee. It cuts my cost as I'm out of state, and they were happy to because they have incentive to not pay more than they have to. I advertised on craigslist and rentals.com, screened potential tenants, then gave the current tenants the phone numbers to set up the showings. They had an open house once or twice a week; They copied ID's before allowing people to enter and they pointed out the video surveillance and close proximity of police. They also notified the neighborhood crime watch captain, so someone can be on watch when they are showing the place. (it's a close neighborhood)

Now I have someone lined up for the week after these tenants moved out, so this process worked very well for me.

I know that lots of landlords would warn against this, and I also caution that this was an exception...the tenants earned this right. I would say it's usually easier to show the place empty. In this case, I think it was so clean that it looked like home to the applicants. Well, I hope my experience may help you.

Re: Renter wants to move out before lease is up, by RestlessKnight (NJ) on February 17, 2010 @00:29 [ Reply ]
"I would rather he pay up front and also find a renter."

what greed.


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