Pleasant Hill, CA · Member since 2012 · 4 posts · 0 votes
Hi,
I am currently in the process of selling my rental unit in CA. I have a buyer and we are expecting to close escrow at the end of October. Fortunately, my current tenants lease expires October 31st. We really lucked out with the timing. Yesterday, she contacted me to request to break her lease a month early (move out Sept 30th). In the past when we had a tenant break a lease it hasn't been a problem. They helped to find a new tenant and the property didn't go un-rented for even a day. Of course it doesn't make sense to do that this time. My initial response was to just tell her no. She can move out whenever she wants, but she owns me rent until Oct 30th. Is there something I'm not considering or is this the proper response?
You need to mitigate the damages. Advertise the apartment someone who wants to stay just for the month of October. The demand for that is probably less so it will rent for less and tenant can make up the difference. Remind the tenant that they are responsible for the whole amount unless a temporary person is found.
Erin, I'd be careful choosing to not let your tenant out of her lease early as a frustrated tenant doesn't usually leave things in pristine shape or cooperate very well, like if you need her to move out a few days early to clean for an October final walk-thru, she might decide her movers can't come til the 31st, maybe delaying your closing. Before you decide, maybe talk to buyers and see if moving the closing date closer would work, as end of October is pretty far out and the banks could probably move up the closing date if agreeable to all parties. Then everybody is happy.