Early lease termination - tenant complaint
Have a tenant gave short notice about breaking a lease.
One year lease signed on December 1, 2015, and today I was told by tenant that they are closing tomorrow on a new house and wanted to terminate the lease by end of this month...one week away, not even a 30 day notice.
I have a two month early termination penalty clause...and I am holding a security deposit and last month rent which is total 2 months worth. If I can find a replacement tenant, lets say the apartment was vacant for 12 days, I typically just charge the last tenant the 12 days of rent loss, minus damages, and my cost (re-key, electric switch over, cleaning etc...) In other words I don't double dip.
However, with this short notice, I have a vacation planned on July 2 to be gone for 2 weeks out of the country. This means during that time the apartment will sit. When I get back I can do the turn over and showing. I don't ever do showing while unit is occupied.
Tenant who is breaking lease is saying due to my going on a trip, the apartment is sitting vacant, and thus I am not doing my best to get it rented ASAP, which in turn is costing her extra money because her deposit/rent is going to be held until it gets rented/occupied.
Does my tenant have anything to stand on? He is the one breaking the lease and he is the one giving super short notice. He should be grateful that I am returning part of her penalty. Or am I obligated to rent it ASAhumanlyP?
Last tenant that broke the lease, I found a new tenant in 3 days, but the new tenant didn't want to move in till a month later anyway, and the tenant breaking the lease gladly paid the penalty while the unit sat and waited.