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George Cocokios
  • Investor
  • Goodyear, AZ
4
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terminating lease due to tenant violations

George Cocokios
  • Investor
  • Goodyear, AZ
Posted

Hi all. My lease states that if the tenant breaks the lease early there is a one month rent penalty for doing so. My tenant has broken numerous HOA violations, done physical damage to neighbors property and threatened neighbors as well. I started the eviction process, but she left before she was served papers for a court eviction appearance. Does this constitute her breaking the lease early due to her behavior and non compliance of HOA rules? And if so, do I have a right to assess the one month early lease termination clause in the lease?

thanks in advance for your feedback on this.

George

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,507
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @George Cocokios:

No, you are talking about two different things. 

She left because you wanted her out for the violations. You got her out, so she met your expectations. That is not considered an early lease break so you should not charge her an early termination penalty.

  • Nathan Gesner
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