Early Lease Termination

2 Replies

If a tenant wants out of a lease in which they've paid some months up front... After dealing with this tenant, I believe it would be mutually beneficial for the tenant to leave. This is Texas.

What would you do?

I plan on re-letting - and collecting the termination fee as my lease agreement states... What order do you do this in?

Not knowing TX law, I can't offer any feedback with background knowledge.  I can say, however, as an experienced landlord, that having a problem tenant request early termination can be a blessing.  I have, in certain situations, agreed to early termination with what may appear to be "easy" terms for the tenant.  For example, in your situation, I might offer to refund a portion of the advance rent as a good faith offering to help make it easier for them to find the door without knocking it off of the hinges and punching a hole through it on the way out.

On the flip side of that, I have also held the line and not given anything back to a tenant that went out of their way to make my life difficult.

Some of what you can/can't do will be determined by both the laws as well as how your lease is written.  Finding a mutually agreeable solution can help move the process along efficiently so that you can move forward.  It stinks giving money back, if that is what it comes to, but if you dig your heels in, then end up in court, then potentially lose, you will still be out the money.  If you are in a position to negotiate with the problem tenant, keep it professional and negotiate to get it over with.

My two cents based on what I see in the original post.

thanks @Adam Johnson  

That is about what I've decided...  My contract has pretty strict stipulations for reletting, and I think I will see the best 'value' overall by giving in and returning the prepaid rent once a new tenant is found.

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