Breaking Lease - Landlord Forum thread 347745

Breaking Lease by Aizad on August 30, 2016 @18:29

Tenant who has been at the place for 4 yrs and has 1.5 yrs remaining on the current lease. Tenant gave me 60 day notice in writing that they were moving out. Tenant is breaking lease. Tenant is agreeable to making available the place available to be shown during the 60 day period. However tenant does not want to advertise and show the place themselves...i.e. you do the work to find another tenant while i break the lease. I am not available and I would use a real estate agent who will be readily available for showings.

Can I use tenant's security deposit for fee associated with using real estate agent? The fee will be one month's rent which is equivalent to the security deposit.

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Re: Breaking Lease by J (FL) on August 30, 2016 @18:40	[ Reply ]

No, you can't use the deposit for that. Pay the real estate agent yourself and then pursue the tenant separately for breaking the lease, however that is done in California. You may be able to use the security towards part of the unpaid rent but check with a lawyer and/or read your local laws to see what is allowed there. For what it's worth, I would never trust a tenant to advertise and show a place, even if they agreed to it.

Re: Breaking Lease by J (FL) on August 30, 2016 @19:14	[ Reply ]

Sorry, don't know why i said California...whatever state your rental is located in.

Re: Breaking Lease by Garry on August 30, 2016 @21:55	[ Reply ]

I agree with J. It's YOUR choice to pay someone to show your place and take apps., not the tenant. And remember, the current T has not broken the lease until they are ACTUALLY out. However, if the T does NOT move out, then you can charge the T whatever you paid the R.E. agent, because the T would have broken his own written notice of move out. You should not sign a new lease with anyone until you have actual possession back, and have went in and cleaned and repaired any damages the old T left you. Your job is to get the place re-rented asap, after the T has moved out. and then take the old T to court for any loss of rents you suffered by the T breaking the lease.

Re: Breaking Lease by P-Bone (NY and OH) on August 31, 2016 @08:24	[ Reply ]

I both agree and disagree with the other posters. If the fee being charged is a flat fee, i.e. one month's rent to find a new tenant, I think it could be charged, but I wouldn't charge it until the deposit was due to be refunded. If I spend money on a for rent sign, advertising, and screening, those are all allowable costs to re-rent the unit when someone breaks a lease. If I pay a realtor to do all of that for me, it's the same basic cost that would be allowable.

Re: Breaking Lease by Karen (Florida) on August 31, 2016 @17:32	[ Reply ]

1. If a tenant breaks his lease, he can be held responsible for the cost of releasing (advertising, agents, etc.) AND rent until the property can be released. And you, as the landlord have to make a good faith effort to get the place rented. That's the law here in Florida. 2. This is a great opportunity for you to do some negotiation for a "settlement" and prepare a mutual lease termination agreement. You can build in lots of responsibilities for releasing and their cooperation. 3. In my book there is no such thing as "notice" to break a lease. It isn't broken until they are gone. It must be properly terminated or they owe rent until they are clearly GONE and the home/apt can be rented to someone else and/or the lease expires. 4. It's good you have it in writing from the tenant, but it could be a slippery slope if they change their mind. Just my 2 cents.