Early Move-Out and Key Return Process. When the Lease Ends?

Question

My current tenants have a lease until August 31, but they plan to move out and return the keys by August 15. I don’t plan to reimburse them for moving out earlier. The new tenants, starting their lease on September 1, have asked to move their furniture in earlier.

Can the current tenants request the keys back since their lease isn't over until August 31? Is there any paperwork I need to complete with them to confirm that returning the keys means their lease is officially over?

Jill F. · Answer

If the new people want the unit prior  to the end of the current tenant's lease, I would tell them they would have to pay the daily rent beginning the day they got the key and took possession. Then I would ask the current tenant if they wanted to give the apartment up the day before  the new tenant's desired date and reimburse the current tenant for the number of days the new tenant paid. The new tenant could only move in early if the current tenant agreed to return possession early. In OHio you aren't allowed to double dip and charge two tenants for the same dates.

Nathan Gesner · Answer

You can't charge two people rent for the same space during the same time.

If the departing tenants are paying rent through August 31, then it's their rental until then.

Also, you should never let a tenant move things in early. If they want to be in early, they should start paying early and have a signed agreement covering that time period. Then you should refund a portion of the rent to the departing tenant.

Frank Barletta · Answer

Your departing residents have paid for the right to use the unit (per your lease) until 7/31. Unless you have something explicit in writing that they permit you to move forward, I'd hold off.Consult with counsel.

Tim Baldwin · Answer

Couple of observations here from my perspective:

-I would have gotten the "old tenants" to sign a vacate agreement wherein the agree that they are not entitled to pro-rated rent for remainder of that last month.

-In response to the tenant's notice of early termination, I would have delivered a "Landlord's Response to Tenant's Notice of Early Termination", wherein I would state that I am relying on the tenant's notice of early termination, and such, am requiring that they vacate on the date they gave notice and that in reliance to their notice, you are re-renting the property with the expectation that they are vacating as they have given notice. This helps to establish a "detrimental reliance" (implied contract) legal standing in case they attempted to go back on their notice. But the better option here is to get them to sign an agreement to early terminate.

-As to rent payment, in Florida, a tenant would either owe liquidated damages (as stated in the lease or would owe rent that accrues during the lease term until such time as the landlord is able to re-rent the property on their account. Tenants are not entitled to a "pro-rated" rent if they leave early, but they would be entitled to rent credit if the landlord collected rent on their account, assuming there is no liquidated damages provision in the lease.

Theresa Harris · Answer

I agree with Jill. If the new tenants want to move stuff in early, they need to pay rent and you need to talk to the old tenants.  If both agree, it seems like a win-win as the new tenant gets to move their stuff in over a few weeks and the old tenant doesn't have to pay the full month's rent.  Make sure utilities are also in the new tenant's name before you give them the keys.

Kim Meredith Hampton · Answer

Linda

Most statutes don’t allow you to collect double rent, the previous tenant would need to be pro-rated back for that portion of time you let the new tenants occupy.

Once you give people the keys, they need to start paying and have a signed lease. I always say, no good deed goes unpunished; meaning “letting” tenants just move a few things in, now makes you liable for their belongings if something were to happen i.e. flood, robbery, fire etc… AND those things can and do happen, then their renters insurance probably doesn’t start until the 1st of September and you said their lease doesn’t start until the 1st of September.

Do the right thing, refund back the previous tenant IF the new tenants move in early, and also change the lease date and the new tenants need to pay from that date. OR let them move in as of September 1st and no early occupancy

Early Move-Out and Key Return Process. When the Lease Ends?

Most Popular Reply