Montgomery Village, MD · Member since 2017 · 37 posts · 6 votes
Tenants wishe to break the lease and I want them out but I'm not sure what document to use for this. They want to notarize a mutual termination of lease agreement. Any suggestions? And what should it include? Tenant already said that they don't want to give me their new address...so there's that. No need to worry about security deposit as there will be enough in damages to eat that up.
Rental Property Investor · Leucadia, CA · Member since 2015 · 153 posts · 53 votes
5y
I would just put something together saying you are waiving the early termination fee/clause of the lease. I would also put in there the things that you are requiring of them: out by x day, cleaned out, ect... I am sure you could google termination of lease in google and come up with something, but I have just drafted a quick thing when doing this in the past.
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
5y
It doesn't have to be fancy. Just write what you're agreeing to. I'd also be sure and put in it that the tenant refuses to give you their new address, so any notifications required by the court will be sent to their last known address, which is your rental address, and tenant agrees to file a forwarding address with the post office.
If they actually do file a forwarding address with the P.O., you can then send them a letter and put on it "Return Service Requested" above the address, and then the P.O. returns it to you with the yellow sticker on it with their new address he he.
Just an example of an agreement could go something like this:
Tenants (names) and Landlord (your name) agree to terminate the lease dated __________. Tenant agrees to forfeit the security deposit in the amount of _____________ in exchange for early termination. If the security deposit does not cover all out of pocket costs of Landlord for such things as cleaning, repairing and re-renting the unit as quickly as possible, using reasonable means and effort, then Tenant agrees that Landlord may sue Tenant for these additional costs not covered by the security deposit.
Tenant agrees to vacate the premises and return keys to Landlord by ____________________(date) and that if Tenant has not done so, that this entire agreement is void.
Tenant refuses to provide Landlord with their new address, but does agree to file a forwarding address with the U.S. Post Office, so that any notices will be forwarded to Tenant, and that Landlord will address any mail to Tenant's last known address, which is the rental address above.
Signed & Dated by all parties
There is no need to have anything notarized. Just print out two copies and everybody signs both of them, so you both have an original copy.