When you think of someone violating a lease, you most likely think of a tenant who terminates their lease early. However, this is not always the case. In some cases, a landlord needs to terminate a tenant’s lease early. So, can the landlord terminate the lease early?
The landlord can terminate the lease, but only in certain circumstances. In this Redfin article, we’ll outline why you’re violating your lease agreement and how to tell your tenants ahead of time. Whether you are a landlord of a rental property Home in Phoenix or property manager of a rental property Denver apartmentsfind out when you can end your lease early.
Reasons why a landlord may need to break a lease
There are many reasons why a landlord may give an early termination notice to a tenant. This is related to expelalthough there are some common reasons for violating a lease and wanting to evict a tenant.
Landlords typically breach their lease or rental agreement for one of the following reasons.
- You want to sell the property or decide to live in it yourself.
- Tenant breaches lease agreement or defaults on rent.
- The tenant conducted illegal activities on or near the property.
- The property is in poor condition and the necessary repairs are too expensive for you to pay.
Breaking a lease is a difficult decision for a landlord, but it’s important to understand the consequences of doing so before taking any action. Most states have very specific laws that deal with lease violations by a tenant or landlord. Understanding local laws first will ensure that the reasons you provide for breaking your lease won’t get you into trouble with your tenant.
Add a termination clause to the lease
Even if you anticipate no reason to terminate the lease early, it is a good idea to include an early termination clause in the lease. This way, if you need the tenant to vacate the property before the lease expires, you are protected and expectations are clear.
A good early termination clause will follow local laws and set out a process for this situation. Regardless of who initiates the lease termination, you need to spell out what must happen. Includes everything from how much notice you need to how to notify your tenants about terminating a lease early. The usual notice period is 30 to 60 days before the date the tenant needs to vacate.
Most landlords prefer written notice, whether received or given to a tenant. If you are in breach of your lease, you will most likely want to post a written notice on the tenant’s door and send a digital copy. This ensures they get the message.
The clause should also set out any fees the tenant must pay if they breach the terms of the lease, as well as how their security deposit and any prepaid rent will be treated.
How to end a lease early as a landlord
To avoid eviction proceedings, you must carefully follow the process set out in your existing lease and comply with local laws. It’s always easier and simpler if you can wait until the lease is over. However, if you need to end your lease on a rental property early, do the following:
- Give the tenant written notice of your intention to terminate the lease.
- Give tenants a reasonable amount of time (30-60 days) to find a new place to live.
- Refer tenants to another landlord or rental housing authority to assist with their search.
- Discuss how this affects the tenant’s security deposit and/or payment of rent for the remainder of their stay.
In theory, if you decide to end the lease, the tenant pays nothing. This usually only happens if they contact you to move out early. A fee may only be charged if the lease is for a fixed term rather than month-to-month.
Additionally, any deposit paid when signing the lease will be treated the same way even if you terminate the lease. You should use the security deposit to assess the damage and return it in an appropriate amount of time (or as much as possible) after setting a new move-out date. You will need to do the same for last month’s rent deposit if it was part of the lease. You can use it to pay your tenant’s last month’s rent instead of requiring them to pay again. .
What if my tenant has a month-to-month lease?
There is a tenant Monthly lease It’s definitely easier to ask them to vacate the property in less time. A month-to-month lease only ensures that the tenant can use the property for one month at a time. Therefore, you can ask them to move out at almost any time.
Although you must give 30 days’ notice, this is not the same thing as terminating a month-to-month tenant’s lease. Most likely they want you to be notified at some point.
Once your tenants complete their first year of tenancy, offering a month-to-month lease agreement may be a good strategy. It can make it easier to become a landlord and provide greater flexibility with your property.
How will my tenant pay rent if the lease ends early?
Even if you initiate proceedings to terminate the lease, your tenants must pay any unpaid rent they owe you. They should also continue paying rent until they move out. If your tenant paid last month’s rent in advance, you can apply it to the new last month your tenant will live in the premises.
Local laws when violating the lease
Many states and cities have similar laws regarding early termination of a lease by a landlord or tenant. However, these laws may vary depending on your location. Laws may vary on how much notice you must give, what fees are charged, and what are the valid reasons for terminating a lease early.
However, an important factor in this process is to keep tenants’ rights in mind. Under state law, tenants can:
- Remain in the property until a new tenant is found.
- Compensation is available for any losses caused by the landlord’s breach of the lease.
- File a lawsuit against your landlord.
To avoid these problems and any additional costs, you need to approach the entire process very carefully. This is especially true if you are taking this step with potential tenants or if you are selling your home. If you are unsure about local or state laws, you can consult an attorney.
When you cannot terminate the lease early
the only time you can truly Termination of lease without cause is at the actual end of the tenancy period. At that point, you can decide not to renew your lease agreement. However, there may be situations where you want to terminate early, but cannot. These include:
- You don’t like your tenants, but they still abide by all the terms of the lease and the law.
- Although you currently have tenants, you would like to rent the property to a friend or relative.
Even if you have a good reason to terminate the lease early, you may want to start with a warning letter to give the bad tenant a chance to fix their problems. This may apply, for example, where a tenant is late in paying rent or may have breached a term of the lease that they can repair. An example of an issue that could be addressed is if they have recently acquired a pet, but the terms of the lease do not allow pets. You may not want to proceed with terminating the lease if the tenant relocates the pet within the time period you set.
On the other hand, if you decide to terminate the lease and the tenant refuses to leave, you will have to evict them. Eviction is an expensive legal process that requires an attorney. With so many legal factors in mind, terminating a lease early is not a decision to be taken lightly.
Deciding to terminate a lease on a rental property
There are many reasons why you might need to end your lease early, but you still need to proceed with caution. Stay in close contact with your tenants to clarify when and why they need to move out. You need to get everything right, which means terminating a lease early isn’t always the right decision. Weigh the pros and cons, make sure you have valid reasons, provide appropriate notice and protect yourself throughout the process.
