Tenant Breaking Lease

[Cameron Rouse]

I have a tenant who just gave me notice that they will moving out in a week. They still have 9 months left on the lease agreement. Lease agreement states tenant may terminate lease upon 60 days notice provided tenant pays termination fee (which is equal to two months rent). Termination will be effective as of the last day of the calendar month following the 60 day notice period. The termination fee is in addition to all rent due up until the termination day. Even though my tenant will be moving out in a week do I charge them rent for the next two months as well as a termination fee? Do I need to refer to my states landlord laws for this? Does the time it takes to re-rent the house factor into this legally?

[Patti Robertson]

@Cameron Rouse - Definately check your state landlord tenant law.  As @Kim Meredith Hampton said, in VA we also can't double charge. What you should do is charge them the penalty up front though, since it is in your lease, then rebate it back if you get it rerented within two months. You have to use due diligence to get it rented, at least according to our code.

@Account Closed - Personally I don't every do MTM.  How would that have benefited the landlord? I don't like it because I never want a lease that expires in the months of Oct - Feb.  If I start a new tenant during those months I create a longer than 12 month lease to roll them to March or later. If they have school age kids I always expire in a month that school is out, which benefits both of us.