Early Lease Termination Wording

2 Replies

Hello BP, can you provide feedback with the wording I came up with for my lease in regards to early lease termination:

Early Lease Termination: Shall the tenant require to vacate the premise prior to the completion of this agreement, Tenant must give Landlord written notice and 1.5 times monthly rent 30 days prior to move-out. Tenant will be liable for the remaining lease payments if early termination is not performed as outlined.

does your state have duty to mitigate?

I don't think holding tenant "liable for remaining lease payments" will hold if so.

if your rental is in NY, looks like the new law says to mitigate ... 

https://www.nyrealestatelawblog.com/manhattan-litigation-blog/2019/july/the-2019-changes-to-new-york-s-landlord-tenant-l/


https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-new-york.html

@Michael Craig One thing that came to mind was to require the tenant to still pay the currents months rent in which they move out. It may be up to you whether you want to prorate that rent value based on the day of the month they move out. For my lease I was thinking of requiring 2x rent should they terminate early. This can help cover your expenses should it take longer to find your next tenant.