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Early termination questions - Landlord Forum thread 325860

Early termination questions by Vasilisa (MD) on October 18, 2014 @13:42

                              
Hi, newbie question here
Our tenant decided to move out in the middle of the lease. According to lease, he's responsible for payment until the end of the terms (06-30-15) unless we re-rent the place.
He did not give us written termination notice, but verbally provided tentative move-out date so we can advertise property while he still lives there.
How would you handle situation like that? What proper steps should I do to protect myself from losses and hold current tenant responsible?
Thanks,
T.
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Re: Early termination questions by Bill on October 18, 2014 @15:04 [ Reply ]
How long did it take you to rent the place after the tenant moved out?
Re: Early termination questions by Garry (Iowa) on October 18, 2014 @19:56 [ Reply ]
Since you have nothing in writing, and only verbal, treat the situation as though he never said anything to you at all. If his rent is due on Nov. 1, you should expect to get it. If you don't, issue him a 3 day notice to pay or quit, and follow through with your state's eviction procedures if he doesn't do either. DO NOT advertise your place for rent, until he is actually/physically out. Once he is out, you can assess and repair any damages he left you, and then rerent it again. Be sure to send his security deposit statement to him within 30 days after move out. In general, courts have held the tenant responsible for up to 2 months rent or whenever you get it rented------which ever happens first. Also, he is responsible for any advertising or utility costs that you paid in the middle of his lease that he broke.
Re: Early termination questions by Anonymous on October 18, 2014 @22:41 [ Reply ]
I would take the tenant's help, advertise the place, and show the place if he is keeping it squeaky clean.
He is trying to help you. take his help and set up a tentative morning hour and a tentative evening hour you can show the place. I rented a place that was still occupied, but this is tricky, because you have to negotiate 24 hours in between to do all your checks on the place, as well as get immediate feedback from the new tenant that everything is working.
Under no circumstances do you even suggest the tenant is out of his lease obligations if the place is not rented. You have to take his notice that he is leaving, and on what date. Unfortunately, he is responsible for the minumum of two month's rent, and possibly the remainder of the lease. This depends on the state's laws, and the fact you have advertised and are actively looking for the next tenant.

This worked for me with no lost rental time, and the second time I had the place empty for two weeks, and used a year's lease with the rent due on the 15th of every month. I use a year's lease, with the lease reverting to a month to month basis after one year, because this works for me.....Maryland may be very different.
Re: Early termination questions by Anonymous on October 21, 2014 @02:12 [ Reply ]
This is somewhat of a horrible idea but it worked for me.

Have the tenant advertise and show the place. Tell them that if they are going to move out early they had better find someone to replace them or they will be responsible for the vacant period. Of course any new tenant they locate is subject to the same screening and approval you put your current tenant through.

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