Break Lease Fees - Landlord Forum thread

Break Lease Fees by Anonymous on June 19, 2012 @17:27

Reading the story below raises a question I'd like to get your thoughts on. I had a tenant who wanted to leave early and I had a 1.5 month breaklease fee in the lease. The tenant agreed to pay it. I don't remember the exact months, but I think it was he gave notice in May, so he paid for June and July and then the 1.5 month breaklease fee. The issue came in that I wanted July rent and the breaklease fee by July 5th, the due date of July rent. They said they couldn't pay all of it up front but were willing to sign an agreement to pay the breaklease fee before August 5. No mention of when the fee was due in my lease. Did I have a legal right to demand payment in full by July 5th? What would've been my legal recourse if they just paid July rent and not the breaklease fee?

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Re: Break Lease Fees by Anonymous on June 19, 2012 @18:29	[ Reply ]

You'd have a problem if your lease did not specify when the fee would be due and a judge found the tenants willingness to pay by August 5th to be reasonable. I bet a judge would find that to be reasonable on the tenants' behalf.

Re: Break Lease Fees by The Dude (MN) on June 19, 2012 @18:54	[ Reply ]

Good question... I'm really not sure. What can you do though? Post a pay/quit notice? Just take them to court? They'd be willing to pay before you were able to get them to court and evict them anyways. If there is no provision in the lease stating when this fee is to be paid, I'm not sure what one could do to legally pursue this payment, especially if the tenant has said they are willing to pay. I've seen courts allow tenants to set up payment plans like that as well. I can't imagine a judge being too happy about having to hear a case about a tenant who is willing to pay, just not as the landlord would like, even though there is no set and agreed upon timeframe for payment anyways.

Re: Break Lease Fees by P-Bone in WNY (NY) on June 20, 2012 @07:19	[ Reply ]

Yeah, I guess that would be a tough one. I mean, breaking a lease, fee or no fee, is something that happens. In an attempt not to be a heartless landlord, take a step back and think of some of the more reasonable reasons to break a lease. Forget just someone who isn't going to pay, but what about someoen responsible enough to realize he/she can no longer afford the place, for whatever reason, someone who has to move because of a change in job, or a sick relative. Honestly, if they've been a good respectable tenant, I would feel comfortable that if I had an adequate forwarding address proir to vacating the property, to give them up to 30 days following vacating the property. If they were not a good tenant, I would want it prior to vacating the property. I would say the best way to write it up would be to incorporate verbiage that requires it to be paid prior to vacating the property so that you can give additional time to those you feel are worthy of it.