Re: Tenant is planning to Break Lease - Landlord Forum thread 359988

Re: Tenant is planning to Break Lease by AnonymousFL on November 25, 2019 @09:45

What you want to avoid is language in your lease that is open to interpretation. Your clause is open to interpretation and therefore, misunderstanding by people not familiar with contracts. You way read it as 'the tenant must inform the landlord if the tenant plans to move prior to the end of the lease', but it is easily interpreted as 'The tenant may move out if ANY issue arises'.

I suggest you get rid of the clause ans spell out all of the other things you mentioned.

I assume you are in NC. The law already states the following, so put it in your lease:
"If the tenant receives permanent change of station orders to relocate at least 50 miles away, are prematurely or involuntarily discharged, or are released from active duty, your lease will terminate 30 days after the landlord receives the tenant's written notice. If tenant is being deployed for 90 days or more, after you landlord receives the written notice, the lease will terminate 30 days after the next rental payment is due, or 45 days after the landlord received the notice, whichever is shorter."

If it is important enough to you that the tenant notify you, spell it out for them in details that cannot be interpreted.

The one thing you have going for you is that the clause does not specifically state that the tenant is released from their liability. I would explain that in the offer letter to the tenants. Fortunately, it sounds like you know what you are doing as far as sending things in writing ina timely manner, spelling out the tenants legal missteps as well as their liabilities, etc, etc. If you do go to court, hopefully you do not go in front of a judge sympathetic to tenants.

When you are in court, if things do not feel like they are going your way, I suggest a final offer of the tenant paying rent through the end of March. That gets you through winter and the amount will cover basic costs, utilities, and upkeep. You should about break even...and if you do rerent it, then return the difference to the ex-tenant and wash your hands of it.

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