Best practices for landlord to breaking a lease?

Question

Hello everyone! Question - I have heard/read about what happens when a tenant breaks a lease (loss of security deposit, paying rent for a number of remaining periods, etc.) but what happens when a landlord decides to break a lease? What are best practices for doing so? How many months warning should you give the tenant so they have time to find a suitable place?

I know that breaking a lease is not ideal, but what should a landlord do when it becomes necessary?

Peter Tverdov · Answer

This will be state specific but the landlord cannot just break a lease in NJ at least. You need cause to "evict" so to speak or not renew their lease.

That is the point of a lease contract. Both sides agree to it so if someone is paying on time and behaving you cannot just break their lease.

Now if they're violating the lease terms you can service them with Notices to Cease or even Notices to Quit to begin the eviction process.

Amanda Lizana · Answer

I agree. Alot of times, tenants will be reasonable and may have plans to move anyway. Any incentive you are willing to offer would most likely be enticing.

Let me know if you need anything!

Nathan Gesner · Answer

As already stated, you can't break a lease without mutual agreement. You would speak with the Tenant, let them know your intentions, and see if they are willing to leave. If they want to stay, you may have to pay them something or give them an incentive to move. If they simply refuse, you have to let them stay.

Adam Martin · Answer

The best practices are to talk to the tenant and find something that is mutually agreeable.  I would offer to hire professional movers, return security deposit before they leave and give them a month or 2 of rent if I really needed them gone.  People don't realize but a contract is a binding legal agreement not just a sheet of paper with some ink and you are bound by what says and as landlords we are more so bound than the tenant.  There is no way you can break the lease unilaterally which is why my offer was so generous to try to get them to agree.  If they say no and aren't in any violation of the lease where you can evict them then that is tough luck for you, hopefully you didn't make too long of a lease.  If you need to sell you can always try to sell with them in there but you are drastically shrinking your pool of buyers.  I am curious though you say it is necessary, are they tenants from hell that you need gone or are you just wanting the property back for other purposes, this makes a big difference on your options.

Best practices for landlord to breaking a lease?

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