I didn't previously include an early termination clause/addenda in my lease. I've always been under the impression that it would waive tenant obligations under the lease (paying remaining rent under the lease). It seemed like a "buy out" option to me. So I just left it as is so i could retain the right to charge them the full remaining rent on the lease, if needed. But unfortunately, i've had a tenant break their lease and move out in june. We are, of course, trying to get it re-rented as quickly as possible, but now I'm on the hook for paying for lawn services until we do. First, do you recommend including an early termination addenda? Second, can lawn care or other maintence items be billed for under this addenda? Also, can I bill for real estate agent fees? (i'm a new-ish landlord and don't really know the ins and outs just yet.) Thanks much!
Including an early termination addendum in your lease can provide clarity and establish the terms and conditions for terminating the lease early. Here are some considerations and recommendations:
1. Early Termination Addendum: It is generally recommended to include an early termination addendum in your lease. This addendum should clearly outline the process, conditions, and any associated fees or penalties for terminating the lease before its agreed-upon end date.
2. Termination Fees: In the early termination addendum, you can specify any fees or penalties that the tenant would be responsible for if they choose to break the lease. These fees can help cover your costs and mitigate any financial loss incurred due to early termination.
3. Lawn Care and Maintenance: Whether you can bill the tenant for lawn care or other maintenance items under the early termination addendum depends on the specific language and provisions within the lease agreement and applicable laws in your jurisdiction. It's important to review your lease and consult with a local legal professional to ensure compliance with local regulations.
4. Real Estate Agent Fees: Again, the ability to bill the tenant for real estate agent fees upon early termination depends on the lease agreement and local laws. In some cases, you may be able to include a provision that allows you to pass on the cost of re-leasing the property to the tenant. However, it's important to understand that the enforceability of such provisions may vary by jurisdiction and it's advisable to consult with a legal professional to ensure compliance.
In any case, it's crucial to consult with a qualified attorney who specializes in landlord-tenant law in your specific jurisdiction. They can provide you with guidance and ensure that your lease agreement and early termination addendum comply with local laws and regulations.
- This answer was written by AI (ChatGPT) and reviewed by the ezLandlordForms team.