Landlord breaks lease prior to move in : ezLandlordForms

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John W

started a topic over 12 years ago

I currently live in the property that I am planning on renting. I am buying another house (already under contract and going to closing in two weeks). Can I put a clause in the lease that if something falls apart regarding closing I can break the lease? There is a three week window between my close date and the tenants proposed move in date. I live in MD and tenants will be signing the lease this weekend. Thanks in advance for any advice.

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Karen S

said over 12 years ago

I would def put something with regards to that within the lease. Prior to both parties signing.

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Bob R

said over 12 years ago

You can place any clause into a contract. In this case the question is…will the prospective tenant be willing to sign it. Why should a tenant be willing to give up their present residency not knowing what the future holds. This may work if tenant is living with someone and is flexible with moving dates. You need to have a serious talk and see if something can be worked out, such as you moving out and renting or staying with someone; you paying for their storage cost, etc. If you reach an agreement, create an Addendum to the Agreement. Keep us posted. I’m sure others would be interested in the outcome ---- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Oliver R

said over 12 years ago

This does work. I had the same situation but the window was a week. I added the addendum to the contract and made sure to discuss with prospective tenants and had them sign the addendum. The property was popular and I had some additional applicants which made the discussion a little easier to have. It looked a little hairy but it all worked out. The prospective tenant ended up taking a month to month lease at their current residency to allow for a possible glitch. Cover yourself. Put it in writing,