All Forum Posts by: Chirag Gulati

No problem @Jim Peckey. I believe that we all benefit as an industry when everyone has stronger leases. Send me an email or message me here and I will happily share my entire 15 page lease. Here's a section on payments due landlord for early termination (basically says all rent is still due) :

If the tenant fails to pay the rent, breaches the terms of the Lease, becomes bankrupt, or abandons the unit:

(1) The Landlord may immediately cancel this Lease, and shall become entitled, without any further notice to the tenant, to immediate possession of the unit; and

(2) All rent under this Lease shall immediately become due and payable, and the security deposit forfeited;

(3) The Landlord may sue to dispossess the tenant; and

(4) The Tenant shall be responsible for all legal fees and court costs incurred by the Landlord as a result of Tenants’ breach of any term of this Lease Agreement.

That being said, I would deduct from their security deposit any amount that would fulfill the 30 day notice. So if they gave you 15 days, they would be docked for the 15 days from their security deposit, or the number of days until you place a new tenant, whichever is less. 

If you were called in front of a judge after having charged a full 15 days (but the tenant somehow knew you placed a tenant in 5 days) I can't imagine a judge would think it's fair for you to "double dip". I could be wrong, but it's better to not find out! Don't get greedy in this business.