We mutually agree to break lease early what paperwork is needed?

Question

Our tenants want to break their lease a month early and we would like (*NEED*) them gone as well. What do we need to write up to make it official? Just a new document stating that both parties agree to terminate the lease on said date, what date they need to be out of the apartment, etc?

Thanks

Danielle Ratto · Answer

Thomas S. Thank you, I did check the NH website for tenant/landlord regulations, but could not find any details on the process of breaking a lease.

Ann Bellamy · Answer

Ah.  that explanation changes things.  consult an atty

Danielle Ratto · Answer

@Derreck Wells There is a BIG concern because this is the third time they have said they are not coming back to the property then changed their mind and stated they wanted to stay and weren't going to break their lease. They are refusing to come back to the property due to Lead Paint (I think you remember my post), but the child is under state levels, the state health lead coordinator stated that they are safe to live there, the town health office said they are safe to live here and we have no legal obligation to pay for them to live elsewhere, as well as the child's pediatrician saying it is safe to live there as long as they continue to keep the house clean (which they want us to pay for cleaning services to keep the house clean and free of dust). We are in the process of removing the lead right now (even though we don't legally need to, we don't want to deal with this problem in the future and are good people with a baby as well so understand the health risks), but they said they still feel "unsafe" living there. We have gone above and beyond the last two months for them, have allowed them to not pay rent while not staying here, but now they need to either return to the property and pay rent or terminate their lease and move on.  We have always known they are loose canons for lack of better words, but they have truly shown their colors this past week and have said some terrible things, so we want everything in writing and legal. We let them know yesterday so that way they could make a final decision to return to the property for a month or terminate their lease with no repercussions and things got ugly because they had changed their mind again. We need to get it in writing so that this can be legal and we can move on from this mess.

@Ann Bellamy Thank you. I will PM you for that. We are located in Seacoast, NH (I need to update my profile now that we aren't in Maine anymore, although we are less than a mile from the border so I still consider myself a partial Mainer).  Luckily, my husband and I have just cleaned their apartment from top to bottom using lead safe protocols (walls, ceilings, baseboards, floors, windows, etc) last weekend when we were dealing with our lead dust issue so we know the condition of the unit (carpet in one room needs to be steam-cleaned or more than likely replaced and they punched through a door, which they replaced with a door that doesn't even fit the doorway so that will need to be replaced, the rest is just normal wear and tear).

Ann Bellamy · Answer

If you both agree, you can both re-agree, no issue.   Just send an "addendum" with the new date and have them execute.   I send my tenants a document called "How to get all your security deposit back."  It outlines how to clean the apartment properly, and what is their responsibility.

If you PM me your email, I'll send it to you.

Make sure you do a walk through with them after they have emptied and cleaned the apartment, and have them point out anything that needs repair.   All my rentals are in NH, not MA as my business address indicates.  I didn't realize your rentals were in NH initially, since you didn't mention it originally.  The state matters, laws differ.

Derreck Wells · Answer

http://www.gencourt.state.nh.us/rsa/html/nhtoc/nhtoc-lv-540.htm

Derreck Wells · Answer

In NH either party can break a lease with a 30 day written notice delivered in the same way the rent was delivered. So if the rent was mailed, the notice should be mailed. But seriously, if it's mutual, then what's the concern?

Mindy Jensen · Answer

@Danielle Ratto, did you perform a walk-through of the property when you initially leased to them? You will want to share the property condition report from that walk-through so they know what condition you expect the property to be returned in.

If there is no walk-through report, share with them in as much detail as you can, how you expect the property to be returned to you.

Ask them if there is anything broken, so you can repair it before you turn the property.

Schedule a walk-through of the property so you can point out items that you will be deducting from their security deposit, if any.

DO NOT give them their deposit at that time. Your state laws allow you a certain amount of time to process the property, discover any issues, document exactly what you have deducted from their security deposit and why, and then mail them any remaining balance along with the itemized deductions.

Thomas S. · Answer

Check with your state landlord tenant regulations. You will find them on line.