Did you know practically all tenants who rent single-family homes select long-term leases? But take note, life can be volatile and totally unpredictable, and tenants may have to leave earlier than expected. It’s always greatly helpful to have a plan in place, just in case.
Basic reasons for breaking a lease include job relocations, home buying, changing familial status, or military duty. It’s key to handle the situation competently and carefully follow legal protocols.
Know and Follow the Law
When you and your tenant sign a lease, it’s pertinent to always remember that it’s a legally binding agreement. Therefore, you both have certain rights and responsibilities governed by state landlord-tenant and other federal laws. These laws are in place to always make sure that both you and your tenant are treated fairly. Specifically, in certain states, landlords are responsible for safeguarding that the rental property is in good condition and must give notice to the tenant initially before entering the property.
Failing to abide by landlord-entry regulations or respecting your tenant’s privacy can be legal grounds for lease termination in many states. Other reasons include military service, domestic violence, or uninhabitable property.
Lease Termination Clause
Including an early lease termination clause in your lease documents is a favorable practice for any landlord, though conceding it is not a must. Such a clause can help clarify the process a tenant may follow to break their lease agreement. As a rule, this includes conferring a certain amount of advance notice, mostly 30 days, and very likely paying an early termination fee. By having this clause in place, both the tenant and the landlord can avoid any confusion or conflict if the tenant needs to terminate the lease early.
A clause in your lease documents advances your tenant a way out if needed, and gives you assurance that you do not undergo financial hardship because of the broken lease.
After a Tenant Breaks a Lease
As a landlord, it’s salient to maintain cordial and respectful relationships with tenants, even if they happen to break the lease agreement. While it can be disturbing when a tenant leaves before fulfilling their lease term, handling the situation masterfully and amicably is important. In such cases, it’s better to document the problem and initiate a dialogue with the tenant to resolve the matter and collect any outstanding dues.
It’s excellent advice to ask your tenant if you can inspect the property before they move off. This will help you identify any repairs that the tenant may be in any way responsible for and what you need to do to get the property ready for a new tenant. As with any tenant, you should calculate any unpaid rent and the cost of repairs and deduct them from their security deposit. It is crucial to keep detailed documentation of everything.
Send your tenant a written reminder putting into clear words their legal obligations under the terms of your lease agreement and what will happen if they don’t comply with them. It’s advisable to send this notice by certified mail to establish a paper trail of your actions.
If you come upon a situation where your tenant is not paying the rent, you might have to go through a legal process to collect the owed rent and associated fees. This includes filing a civil lawsuit with your local court. It is important for you to establish to the court that you have acted in a lawful and fair manner throughout the process, including all the steps you took to re-rent the property.
Hire a Professional Property Manager
One best thing to ascertain that your rental business is completed in a professional and legally compliant manner is by hiring the services of a reliable property management company. Such a company can help you properly navigate the complexities of property management and warrant that your rental property is managed skillfully and transparently.
At Real Property Management Pro Care, we proficiently work on your behalf in Doylestown and nearby to foster helpful tenant relations and troubleshoot problems brought about by changes. Contact us online or call us at 215-770-4312 to know more about this and our other quality services.
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