30 day Early lease termination by tenant allowed?

Question

Just got a call from a tenant whose lease is set to end on 6/30/2018. She says that she can provide her 30 day lease termination notice on May 1 and move out 5/30/18, 30 days before the lease ends, and that is acceptable law. I have never heard of this so I don't know if this is the case. She says her Grandmother studied law who is the one that informed her of this and knows this to be true.

This may be specific to Idaho law or it may be legal in other states but not Idaho. Does anybody know the answer to this? I'm not going to fight her over it, I can get somebody moved in easily but I am more curious for my own knowledge since this is new to me. I appreciate any guidance here to make sure I don't cross any legal boundaries and get myself into trouble. Thanks!

John Underwood · Answer

@Don Spafford Another tenant trying to pull one over. I would try not to make too many waves so that they leave the house with no damage and clean thinking they may have a shot of getting their deposit back. I wouldn't lie about anything but if for some reason they think they have tricked you they will clean thinking they will get their deposit back.

Then you can quote your lease and explain they have broken it.

I have had tenants suddenly start turning into lawyers and quoting some portion of they law that helps their case.

It boils down to the contract they signed which is your lease.

You could ask them to send the reference to law that states this for your attorney to review. I bet they change their tune when you ask for this.

Aaron Hunt · Answer

You're probably screwed for June. Honestly, at this point, I'd probably just take the L, accept the partial payment from the other tenant for the month of June and move on. That is unless you have something specifically baked into your lease saying that in case one tenant is not around for any reason the full responsibility falls on the other to pay the full amount. (And I'm guessing you wouldn't have had that in place.) If you want to really pursue it, I'd say ask a lawyer (but you'll probably pay them the same amount you're losing...).

It sounds like she is following the rules for notifying you 30 days in advance.

"Service members are protected by the Servicemembers Civil Relief Act if they need to break their lease on account of a deployment or permanent change of station."

Terminating a lease

To get out of a housing lease, under the relief act and without penalty, you must:

• Prove you signed the lease before you entered active duty, and that you will remain on active duty for a minimum of 90 days.
• Provide your landlord written notice of your intent to break the lease and a copy of your military orders, ideally no fewer than 30 days in advance.

If you signed a lease or rental agreement after you began active-duty service, you may still be able to terminate it without penalty under the relief act if you:

• Received permanent change of station or deployment orders that will last for more than 90 days
• Provide written notice to your landlord and a copy of your orders, preferably with at least a 30-day notice

If you are successful, your lease should end 30 days after your next monthly rent payment is due.

Dick Rosen · Answer

I'm not familiar with Idaho law but that sounds pretty far fetched and I think she's feeding you a line of tenant BS.

Don Spafford · Answer

I agree with what everyone has said. They have been great tenants and it isn't worth the fight over one month. I was just curious if anyone had heard of such a thing. She didn't mention at the time that it is for the military service, I just put the two together after I made the first post, so maybe her "attorney Grandmother" meant it in that regard, that she ca give notice due to active service duty, which does make sense as pointed out by @Aaron Hunt Thanks again for all the feedback. It's great to learn new things and be prepared for any situation.

Ned J. · Answer

She's full of sh$t..... you just have to decide if you want to call her bluff and make it an issue over 1 month early.

Personally I'd probably professionally and respectfully point out that she is full of BS and ask to see the quoted law she is referring to for your future reference....then let it go......take the partial payment, and start marketing the property. And not be too lenient on the deposit charges...but otherwise its not worth the fight over 1 month.

Don Spafford · Answer

Thanks everybody. One more thing I just thought of which may play a factor. She is active Idaho National Guard Reserves, and is being deployed 5/8. I could see military leave being a legit reason to break a lease. But she also has a roommate that cannot afford to pay the rent herself, even if I made her liable for the extra month, she wouldn't be able to pay the full rent. In essence, by breaking the lease for one, due to military service, does that automatically release others on the lease as well since it is a contract as a whole?

Thomas S. · Answer

Tell her that her she is full of s**t but that if she wishes to break her lease that is up to her. Do not allow her out of her lease, tell her you will attempt to find a replacement tenant for June. Do not sign anything or text her anything in regards to letting her out. Make sure you tell her that if you do not have a tenant for June you will be taking her to court for the rent. Begin advertising now for June1st. If she causes you any issues with showings serve her with a eviction notice.

Max T. · Answer

I don't know Idaho, but I call BS!

Andrew B. · Answer

its state law in Idaho...your lease means nothing. If you believe her, I do have a wonderful investment opportunity for you. huge bridge in Brooklyn...great rental potential. are you interested?

of course, the tenant is most likely lying. if she moves out early, make every possible effort to rerent and go after tenant for breaking the lease. if she is not lying, her grandmother will show up to small claims court and be her lawyer!

30 day Early lease termination by tenant allowed?

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