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Updated 29 days ago on . Most recent reply

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Sasha Leans
6
Votes |
30
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tenant wanting to break lease in process of buying home

Sasha Leans
Posted

I am in Florida and have a tenant who has been in the home for just over 2 years. The family resigned the lease in the last few months and just reached out to me and said they are in the process of buying a home and would like to break the lease. I have their last month's rent and security deposit. 

The 2 adults in the home only speak Spanish and their kids speak English.  When they moved into the home a little over 2 years ago they mentioned they may want to buy a home and signed an early termination agreement in which they agreed to pay 2 months rent to break the lease. TI didn't include this paperwork in the last lease because they didn't ask for it or mention they were considering buying a home.

When they mentioned moving out end of December (lease ends at end of July) they asked that the last month's rent be applied to December- if the sale goes through.

I let the tenant know that I spoke to the legal company that prepares the lease and that if they break the lease, legally they are required to pay rent until it is re-rented.

The tenant admitted she knows Florida law but she hopes that I would help her out. She has been a good tenant overall, but I am the only person involved in any aspects of management. I manage several rentals, I worked in other work and am the sole parent to my kids- so turning over the property and finding a new tenant right now is going to be a lot for me.

I told her I would not promise anything- but I would discuss further after she let me know whether the financing actually went through. I was thinking I would take last months rent and apply it to 1 month's penalty for breaking the lease, and would return the security deposit based on what the state of the home is when and if they move out.

The attorney said that if they do move out early- everything needs to be spelled out in a written contract so it's clear. I also plan to do that. I was wondering if anyone has any advice on my approach or constructive feedback. I don't  have a lot of people to talk to about it. thanks

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Look, after two solid years with no problems, that's a great tenant. That relationship alone is worth something, so let's keep the good vibe going. The bottom line is: they likely just assumed the old lease terms carried over, and they deserve the same fairness they showed you. You absolutely have to get your minimum 30 days' notice, but how you handle the rest will define your reputation. The Game Plan: Be Human, Collect What's Fair 1. Be Human First: Don't nickel and dime them. You're right—just as they had done unto you, you should do unto them. Be happy for them! If there is a minor penalty you could enforce because the option wasn't formally executed, go light on it. Don't take advantage; just collect what's genuinely fair to cover your costs. 2. Focus on What's Next: The biggest priority is to keep the ball rolling. Collect the required notice, process their move-out payment (whatever you decide is fair), and immediately market the property effectively to find a high-quality replacement. 3. The Golden Rule Applies: The best way to handle this is to treat them exactly how you would want to be treated if you were in their shoes. Secure the notice, collect what's owed, and let them go on a positive note. The goal is to be firm on the necessary steps (like the 30-day notice) while being flexible and human about the small stuff.

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