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Updated over 1 year ago on . Most recent reply

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1
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Bob Billingtonz
1
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Asking tenant to resign lease due to void lease

Bob Billingtonz
Posted

We recently found out our lease is void/unenforceable due to some wording in there related to who is responsible to pay for attorney fees. Is there a way we can ask our tenant to resign a new lease without having to tell them that their current lease is void? Or should we just cross our fingers that we don't have any issues with them that would take us to court? We are obviously planning to have an attorney draft our next lease so make sure it checks all the boxes but their lease doesn't end till May 2025.

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378
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Tim Miller
  • Rental Property Investor
  • Laurel, MD
382
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Tim Miller
  • Rental Property Investor
  • Laurel, MD
Replied
If the only issue is with who pays attorney fees, that doesn't void the whole lease agreement. You have 3 options, 1. Do nothing & wait till May. 2. Have them sign a lease addendum that covers this issue. 3. Have a whole new lease drawn up and hope they will sign.

My advise is do nothing and have a new lease ready to sign at lease renewal.

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