Tenants want to break lease early and is pregnant

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Da5id
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Re: Tenants want to break lease early and is pregnant update

Post by Da5id » Mon Feb 12, 2018 1:11 pm

Luke Duke wrote:
Mon Feb 12, 2018 1:09 pm
lomarica01 wrote:
Mon Feb 12, 2018 12:50 pm
they are breaking the lease and have already signed another lease with their new landlord which i think was not the right thing to do.
Why is that not the right thing to do? Would you expect them to not have another place lined up?
If their breaking this lease was contingent on not having to pay for the current apartment through their contracted lease period, yes, seems better to arrange that in advance rather than present OP with a fait accompli.

chevca
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Re: Tenants want to break lease early and is pregnant update

Post by chevca » Mon Feb 12, 2018 1:17 pm

Luke Duke wrote:
Mon Feb 12, 2018 1:09 pm
lomarica01 wrote:
Mon Feb 12, 2018 12:50 pm
they are breaking the lease and have already signed another lease with their new landlord which i think was not the right thing to do.
Why is that not the right thing to do? Would you expect them to not have another place lined up?
Having a place lined up isn't the problem. It's having it lined up before the old lease ended and expecting to just be let out of the current lease so they can move into the new one. That's not cool. Or, if it's what they really want and know they may be on the hook for both rents during and lose the old deposit, and it's still worth it to them, fine.

But, sounds like they tried to play a sympathy card with the pregnancy and needing more space and all.

They should have kept the new place a secret. I'd keep the deposit and get at least one of the remaining months rent, if I were the landlord and learned that.

knightrider
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Re: Tenants want to break lease early and is pregnant

Post by knightrider » Mon Feb 12, 2018 2:26 pm

Jumping in late to this thread. If their lease ends in summer and 2-months early puts it in spring, then you will have a harder time finding a replacement. So you need to account for those "damages" in deciding what is fair..

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Abe
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Re: Tenants want to break lease early and is pregnant update

Post by Abe » Mon Feb 12, 2018 3:36 pm

lomarica01 wrote:
Mon Feb 12, 2018 12:50 pm
OK thanks for all the great responses. Here is some feedback.

the lease is in CA we used the standard California Association of Realtors Residential Lease form. Item 30. Breach of Contract Early Termination states the tenant is responsible for loss of rent, rental commissions, advertising costs and painting costs. Landlord may withhold any such amounts from the tenants security deposit.

However we have decided to let them go early with a baby gift and not charge them for painting or other costs which we would have incurred anyway. they agreed to keep the place clean and we can show the house to prospective tenants. One issue still under discussion we want to keep $500 of the security deposit in case we do end up with a loss of rent, however we would return this amount if we are able to rent the place out within say 30 days of their leaving. Not sure if this is even worth it, but they are breaking the lease and have already signed another lease with their new landlord which i think was not the right thing to do.

Finally I think next time we will just do a 6 month or one year lease then make it month to month after that.
That is what I do. As I said earlier, I think a lease is more beneficial to the tenant than the landlord. The only difference in a lease and a month to month rental agreement is a lease says that both parties are locked in to the rent rate and the term of the lease. But as a practical matter the landlord is the only one who is locked in because in many cases the landlord will let the tenant off the hook if the tenant breaks the lease. That is essentially what happened in this case.
Slow and steady wins the race.

Ruger
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Re: Tenants want to break lease early and is pregnant

Post by Ruger » Mon Feb 12, 2018 8:39 pm

I have had this happen twice. Both times I told the tenants that if I did not find a renter to replace them they would continue to owe me rent. Both times I found renters immediately and it timed out that when the old renters moved out, the new ones moved in. No loss of income for me so they old renters got their deposit back.

socraticbogler
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Re: Tenants want to break lease early and is pregnant

Post by socraticbogler » Mon Feb 12, 2018 11:17 pm

Good for you for letting them out of their lease. It was the right thing to do.

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