All
Members
Companies
Blog
Forums
Podcast
Webinars
    User Log in  /  Sign up
  • Forums
    Newest Posts Trending Discussions Followed Forums Real Estate News & Current Events General Landlording & Rental Properties Buying & Selling Real Estate Deal Analysis See All
  • Education

    Read

    BiggerPockets Blog BPInsights: Expert Analysis Guides Glossary Reviews Member Blogs

    Watch

    Webinars Video Library Financial Independence Blueprint Intro to Real Estate: Rentals

    Listen

    BiggerPockets Real Estate Podcast BiggerPockets Money Podcast BiggerPockets Business Podcast Real Estate Rookie Podcast Daily Podcast (Audio Blog)

    Topics

    Business Operations Finance Finding Deals Property Management Property Types Strategy
  • Network

    Recommended Vendors

    Real Estate Agents Mortgage Lenders Companies Hard Money Lenders Contractors Investment Companies

    Search

    Members Events Jobs
  • Tools

    Calculators

    Rental Property Fix and Flip BRRRR Rehab Estimator
    Wholesaling Mortgage Payment 70% Rule Airbnb

    Services

    BPInsights: Property Insights Tenant Screening Property Management Lease Agreement Packages

    New Feature

    BPInsights (beta)

    Quickly analyze a property address or ZIP Code to compare your rent in your neighborhood.

    Analyze a property
  • Find Deals
    Real Estate Listings Find Foreclosures External Link Ads, Jobs, and Other
  • Bookstore

    Real Estate Books

    Profit Like The Pros Bidding to Buy See all books

    Featured Book

    BiggerPockets Wealth Magazine book cover
    BiggerPockets Wealth Magazine

    Written by financial journalists and data scientists, get 60+ pages of newsworthy content, expert-driven advice, and data-backed research written in a clear way to help you navigate your tough investment decisions in an ever-changing financial climate! Subscribe today and get the Oct/Nov issue delivered to your door!

    Get the Magazine
  • Pricing
Log In Sign up
User
Quick search links
Podcast Hard Money Lenders Books Washington
ForumsArrowLocal Real Estate NetworkingArrowRenters breaking lease
  • Newest Posts
    • Newest Posts
    • Unanswered Discussions
  • Trending
    • Top Discussions
    • Trending Discussions
  • Browse Forums
Search Nova
Create post

Renters breaking lease

3 Replies

  • Share on Facebook
  • Share on Twitter
  • Share on LinkedIn
Rotate Log in or sign up to reply
user profile avatar
  • Posts 30
  • Votes 7

Bradley Snyder
from Greenville SC

posted 21 days ago

I have a home in Mt Laurel NJ that I am renting out. My tenant asked to break their lease 4 months early due to them buying a new home. I told them I would do it if they pay at least 2 of the remaining months to cover me incase the house needs repair and sits for a while. The tenant sent me a law in NJ that states the tenant can break their lease and would only be liable for the days it sits empty and said they would do that instead. My question is, if the tenant just bails, am I only able to hold them liable for the period it’s empty or the term of the lease? If this is the case, why even have a lease expiration date if the tenants can leave whenever they want?

Rotate Log in or sign up to reply
user profile avatar
Check Rosette Top Subjects:
Rentals, Team, and Single Family
  • Posts 1.7K
  • Votes 2.2K

Greg Scott
Rental Property Investor from SE Michigan

replied 21 days ago
Most leases specify the penalties for breaking a lease, so it is unusual to be negotiating with the tenant over how a lease will end.  You may want to include that language next time.

If you have a resident that skips, you can charge their security deposits for the usual items (damage, back rent, etc) and its pretty easy to use up the entire security deposit.  If you choose to go after them for a money judgement, the amount of rent you can typically seek as damages is exactly what you are facing now.  You can get ask back for all the rent you otherwise would have had while the unit sits vacant.

You were only asking for 2 months rent to protect your downside.  If the unit sits vacant for four months, you could ultimately be better off following the legal limits.   If it rents ASAP, you really have't lost much, so, in the end, this seems a non-issue.

Rotate Log in or sign up to reply
user profile avatar
Check Rosette Top Subject:
Maintenance
  • Posts 2.4K
  • Votes 2.6K

Bill Brandt
Investor from Las Vegas, NV

replied 21 days ago

As Greg said. You simply re-list the property. In today’s market there should be zero reason its empty 2 weeks. Maybe 3 if there’s a lot of rehab. The tenants haven’t won, and you haven’t lost under this law. You’re ahead of where you would be without a lease or at lease end. This way you’re getting paid rent while you rehab the property, while you advertise it, while you sort through applicants and while you wait for them to move in. So actually you’re better off than a normal turnover. Plus you get to raise rent today’s higher rental rates in most areas. If you don’t think you can fill it in less than 2 months I would put it up for sale and look for a better market. 

Rotate Log in or sign up to reply
user profile avatar
  • Posts 18
  • Votes 8

Kevin Berry
Rental Property Investor from Boston, MA

replied 21 days ago

I dont understand how in this case the tenant is better off only paying for the time the house sits empty (unless part of the story is missing).   At any rate, this doesn't sound like a problem tenant and they are being upfront asking to be let out of the lease early.   Why make such an issue out it.   Come to an agreement such as having the tenant help you find another tenant - they help you advertise, spread the word, and show the property, etc. in exchange for breaking the lease.   You are then covered with a new tenant in place and the current tenants are free to go - a win win situation.  Easier than the hassle with time and money wasted on pursuing legal avenues.  

Rotate Log in or sign up to reply
  • 1
Resources Read, see, and learn more!
Link Real Estate Investment Calculators
Link BiggerPockets Blog
Link Path to Purchase
Link Mortgage Loans
Link Find a Contractor
Link Real Estate Agents
Link Hard Money Lenders
Link Real Estate Listings

Top Contributors

Gregory Schwartz
Gregory Schwartz
College Station, TX
7.86
Score
Remington Lyman
Remington Lyman
Columbus, OH
6.69
Score
Victoria Knutson
Victoria Knutson
Portland, OR
4.66
Score
Mark Ainley
Mark Ainley
Roselle, IL (Chicago Suburb)
3.77
Score
Jim Cummings
Jim Cummings
College Station, TX
3.28
Score
Log in Sign up

Log in

Forgot password?

If you signed up for BiggerPockets via Facebook, you can log in with just one click!

Log in with Facebook

Or
btn_google_dark_normal_ios Created with Sketch. Continue with Google

Let's get started

We just need a few details to get you set up and ready to go!

Use your real name

Use at least 8 characters. Using a phrase of random words (like: paper Dog team blue) is secure and easy to remember.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.

Or
btn_google_dark_normal_ios Created with Sketch. Continue with Google

Why create an account?

Receive a free digital download of The Ultimate Beginner's Guide to Real Estate Investing.

Connect with 1,000,000+ real estate investors!

Find local real estate meetups and events in your area.

Start analyzing real estate properties, we do the math for you.

It's free!

Explore

  • Membership
  • Community
  • Education
  • Marketplace
  • Tools
  • FilePlace
  • REI Resources
  • Perks
  • Glossary
  • Reviews
  • iOS App
  • Android App

Company

  • About Us
  • Press
  • Advertising
  • Careers
  • Stats
  • Contact Us

Important

  • Editorial Guidelines
  • Terms of Use
  • Rules
  • Privacy
  • FAQ

Social

  • Facebook
  • Twitter
  • YouTube
  • Instagram
© 2004-2021 BiggerPockets, LLC. All Rights Reserved.