Tenant Breaking Lease, Next Steps?

Question

Account Closed · Answer

It's easier to just let them go. You should be able to keep their deposit. I'd just negotiate some kind of deal with them where they agree to leave the place really clean, and then you'll only keep their deposit and not charge them any extra for breaking the lease, or whatever works with what they owe you.

It's just easier and cheaper to let them go, get them to leave the place really clean, and not deal with suing anyone or paying any lawyers.

Theresa Harris · Answer

I agree with the others. They are giving you 90 days' notice and you should be able to rent it for Aug.  Talk to them and make sure they are on board with you doing showings in July (with proper notice).

Matthew Paul · Answer

All that should be addressed in your lease . But usually you have to make your best attempt to re rent the unit using the same criteria .The previous tenant will be responsible for the time in between .But you will have to sue them in court for the money .

Corby Goade · Answer

There's no option about if you "should" let them out of their lease, they can- and will, do whatever they want. The question is what are your rights in this situation. As a few people have mentioned, it's paramount that you use a solid lease, which will answer all of these questions for you. In addition, you need to make sure your lease doesn't violate any local landlord/tenant laws. Several people above have said "you can keep the deposit," well, maybe not. In some areas, you can't use a deposit to cover rents.

It's important that you have a local attorney who knows you and your lease. It's worth every penny to either have your atty review your lease or provide you with one that they will defend in court.

Finally- your state should publish a landlord/tenant guidebook- those are a great resource to give landlords an idea of their rights in your state, every landlord should be familiar with that book.

Good luck!

Nathan Gesner · Answer

Question: are you a member of TERC? If not, you shouldn't be using their forms. If you are, you should know they have a specific form, "Early Termination of Residential Lease" that would apply in this situation.

Greg H. · Answer

TREC does not provide a lease so I assume you mean TAR(Texas Association of Realtors)?  I agree with others that you should let them go as :

-TAR lease provides a penalty for breaking a lease.  The standard is 1-2 months rent as a penalty

-They are vacating at the end of July and August is typically the best month to rent a property

-It is not correct that you can "keep the deposit".  However, in Texas the deposit can be applied to any rent due as well as expenses incurred that are not normal wear and tear.  In almost every situation, those will exceed the deposit

Once they vacate, if there are any monies due, you can file against them in small claims but keep in mind in Texas you have little or no chance of ever collecting based on Texas law.  I prefer to make it a win-win as the goal is for you to receive rent again as soon as possible right?  Ask them to help with the process by cooperating with showings and leave the property immaculate therefore limiting your expenses and downtime

Mary M. · Answer

Your lease should spell out exactly what you can do.  For example mine say that a tenant is responsible for up to 2 months of rent money, but I must diligently look for a new tenant to mitigate that cost for them. I have only ever needed to have a tenant pay those two months once. Usually I can rerent quickly...

Adam Costanzo · Answer

I work in property management and would also recommend allowing the tenants to leave early. They should see this as an act-of-good faith and leave the property in good condition, as well as be more accommodating for showings.

Ronald Rohde · Answer

Thats TAR as mentioned above, not TREC. Two different bodies, they have different forms.

Be sure to memorialize or write down whatever options you end up exercising, They should sign a Termination Agreement with you. Document your deductions from the deposit, you MUST send it to them within 30 days of moveout per Texas Property Code.

Curtis Mears · Answer

@Luke H.

I have had several tenants leave early and it generally wprks.in my favor. First, I would contact them and tell them they are responsible for the signed lease. That means they are liable for rent until lease is up. However, you will work with them to get another renter in so they will only be responsible up to the point a new lease is signed. They will need to agree to showings and keeping the property clean. This means you will have a new renter and zero vacancy. You do need to tell old tenant you will screen new tenant same as them and you will not take any tenant just to save them from paying rent.

Tenant Breaking Lease, Next Steps?

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