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Re: Tenant is planning to Break Lease - Landlord Forum thread 359969

Re: Tenant is planning to Break Lease by Garry on November 20, 2019 @18:00

                              
First and foremost, tenants don't care WHAT a LL has for problems. You OWN the house. They only RENT it. To them, YOU are RICH, they are not. Now, they want to OWN something, too. They just bought a house, and there is nothing you can say or do to stop them from moving out.

Yes, your "30 day " clause is open to interpretation. The Ts way is one way, and your way is another way. The only "real" interpretation, is by a judge. Do you want to go that route? If I were you, I would take out that clause in your future leases, as it could be interpreted the same way these Ts did, by future Ts, and possibly a judge.

My suggestions: collect the full rent for Dec by Dec 5, if you can. Give them a 3 day notice to quit, if you don't get the full months rent. That should push them to be out asap. You would then have a legal reason to keep their deposit, for Dec.rent. Get the keys back from them when they do move out. Then begin to cleanup, repair damages, and rerent the place ASAP.

Then ask yourself----- are you a greedy, grinchy, "oh woe is me" type LL, or do you want to feel proud of yourself, and congratulate them for becoming first time homeowners. Remember, you are a business owner, and as such, there are risks involved. So in this situation, let the Ts have their first home, eat the losses this time, and find new Ts asap.
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Re: Tenant is planning to Break Lease by NC on November 22, 2019 @08:54 [ Reply ]
Thank you for the response. For the record, this is not their first home. They're 50 years old and both have been married, divorced, have grown children, and have both rented and owned homes previously and also have good jobs - this is not their "first" home or their first rodeo. And by no means am I greedy, which they know. I take my time finding good tenants and am thorough in reviewing apps, and I respond to tenants immediately anytime there's an issue or something that needs repairs - they know they can depend on me. I am also supportive of anyone who wants to become a homeowner, whether it's the first time or 10th time.

Regardless though, It does irk me though that they signed a one year lease while they were obviously house-hunting and obviously no intention of fulfilling the lease to its term. They could have respectfully shared this info with me and perhaps we could've switched to a month-to-month lease with different terms and monthly payments, etc., instead of springing this on me like it's no big deal at all. I would have worked with them on an alternative solution, especially since they were already living in the rental. Oh well. If this had been the other way around and I had told them I was planning to terminate the lease two months after we had all signed & agreed to it, I'm sure that wouldn't have gone over well at all.

But, yes, that's life, and yes, that's part of the risks involved in being a LL I suppose. I learn something new each time around. And you're probably right - I should just cut my losses, wish them well and move on as quick as possible. Because yes, it sounds as is they're leaving regardless, and no point in dragging it out. And, yes, I will take that 30 day clause out of the lease going forward.

Thank you for your response! I do appreciate the advice & information you share.

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