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General Landlording & Rental Properties

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Casey Culver
  • Madison, AL
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Tenants breaking lease...did I do this right?

Casey Culver
  • Madison, AL
Posted Jun 14 2018, 12:37

Hello BiggerPockets!

I have some tenants with a move-in date near the end of March. They're ideal tenants, worked with me on some maintenance issues, paid on time, good credit score, quiet, everything. However, they told me on May 24 that after only 2 months they are breaking their lease, which is unfortunate but in my opinion, part of it. My poor wife is a stressed out wreck lol. Now...according to my lease they have to give a 60 day notice, plus they pay a fee equal to 1 month rent, $1295 in this case. Therefore, they have to pay rent through July 23, and then provide an extra $1295 on top of that, security deposit works the same as it would at the end of the lease. They have the option to sublet to someone else if approved by me, but it doesn't look like they're going to do that.

My poor stressed out wife is sure I did something wrong here lol. Maybe I did...maybe I didn't? I'm personally satisfied with it, she's not. What she thinks I ought to do is make the tenant financially responsible for the rent of the entire Lease Contract (1 year). Meaning they can't move out unless either they or we find someone suitable to replace them. The logic is that we collect rent no matter what for 12 months after signing the lease, understandable. But I don't like that for 2 reasons. 1) I like FULL control of who gets into my place. I want to meet them, see them, shake their hand, everything, not just run the credit check. More importantly...2) I want that $1295 fee. Honestly, it's almost the same amount of work, so I want some money out of the deal.

So I'd like to know...what does YOUR Lease say about early move out? Also, do YOU show the apartment to prospective tenants while the current tenants are living there (with proper notice of course)? Should I be taking this more seriously? I'm posting the place today and will likely have a line of renters waiting by the 23rd of July.

Thanks in advance y'all!

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