Breaking a lease : ezLandlordForms

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Denise D

started a topic over 14 years ago

I signed a lease to begin on Nov 1 2009. I have not moved in yet and would like to break my lease. I am willing to forfiet my sec dep but would like to know if I should be responsible for any other expenses.

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Denise S

said over 14 years ago

Denise: Have you signed your lease yet? If not, then you most likely would forfeit any monies you gave as a deposit, depending on what the application or any receipt states; but would not be held ot the lease contract. BUT if you DID sign the lease, then depending on your state's law, you could be held to the contract and responsible for all rental payments until the landlord may obtain another tenant.

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Matthew M

said over 5 years ago

Hello. I had an upper tenant throw hot coals into the trash bin outside the lower tenants kids bedroom window which ended up scorching the aluminum siding off the side of the 2-flat. After insurance fixed, the lower complained that her kids asthma was affected and she wanted me to put them in a pet-friendly hotel until it was aired out to her satisfaction (Noone else could smell anything). I told her "Insurance cleared the building but if you believe that there are still issues that affect your kids health, I'll let you out of the lease and you can vacate by the end of the month to someplace else." The issue was dropped. In your case Jean, because of their poor rental payment history I would tell them this "If you believe the apt has become a health issue, I will allow you to break lease and leave by the end of the month. Should you decide to stay, I will have a mold inspection done and see what they find." P.S. DON'T EVER BUY THE PAINT!!! Otherwise you'll end up with the ugliest rooms you've ever seen. Do this - get 3 5 gallon buckets of the cheapest tan from the local hardware store and paint the entire unit in that color then put the rest in storage on the premises. Then tell tenants "You're free to repaint at your own expense, but the apt needs to be returned to it's original color before vacating and any damage to rugs or cabinets etc is your responsibility. The tan paint is located . If not, I charge for the re-painting."

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Jean B

said over 5 years ago

Thank you Matthew! The information you provided is very helpful. I know I need to toughen up, get a thick skin and protect my rights. Thank you again!

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Matthew M

said over 5 years ago

It depends on what the issue is that you want to break the lease over. If you're trying to evict the tenant and they don't want to leave, then it come easily come to a judge. If it's over "who shovels the walkway", then no.

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Scott H

said over 5 years ago

No

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Bob R

said over 11 years ago

You will need to send her a Notice to correct the violation. Check with your State/Local laws for the # of days for her to correct violation. If she doesn’t, start eviction process. No, you can not break/change lease unless she agrees to do so. The best warning you can give a tenant is a Notice to Correct Violation or Notice to Pay/Quit ---- 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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Julie J

said over 10 years ago

We always specify the lease amount orally prior to the tenant signing. It really should be discussed prior to putting it in a lease. I'm glad it worked out for you.

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Bob R

said about 12 years ago

No, you don't need a clause in the lease about fees for breaking the lease. However, it is advisable. A good % of renters do break leases.

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Dawn A

said over 10 years ago

First, be sure to look up all the landlord-tenant statues in your area. This will be very important reading for you. Second, security deposits are used for damages to the units. Third, you cannot collect double rents so if someone gives notice, you have to try to rent out the place and can only collect damages for charges incurred due to the lease being broken (re-advertising, etc.) But you CANNOT charge for rent until October and charge someone else rent until October too.

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Jean M

said over 10 years ago

I was told about the three years a second before signing and I had already given up my apartment, but I have good news. My landlord told me I can move out any time with a 60 days notice, no problem. I am a happy person today!

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Thomas M

said about 12 years ago

Thanks Bob, I appreciate the info!

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Bob R

said about 12 years ago

Consider the following in your lease: (1) tenant will be responsible for the advertising and qualification costs for finding a new tenant. (2) That they owe you ½ month rent as penalty for breaking the lease. (3) They will be responsible for the rent until a new tenant moves in. You have a responsibility to rent the property ASAP. If they complain about the above, they probably plan on breaking the lease agreement.

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Thomas M

said about 12 years ago

Thanks...I would imagine you would keep the security deposit but what about the remaining months? Can I charge them the full rent for the remaining time?

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Dawn A

said over 10 years ago

Why did you sign if you didn't agree with the terms of the lease?