All Forum Posts by: Marc Winter

One key point here is to make sure you are knowledgeable on your state landlord/tenant law.  That being said, keep in mind--a judge can use wide discretion on adjudicating a case. We have found that just because it states something in the lease, if a tenant (or ex-tenant) decides to bring a landlord/tenant action, a judge may strike that point of the lease.  Of course, one can appeal any decision, but that is costly. 

Personally, our policy is to follow the letter of the law AND our lease clauses--no exceptions (l/t court aside).

We also have a lease clause stating forfeiture of deposit for early termination without 60-day written notice.  So, if your state allows, retain the deposit, send the proper notification (if required) to tenant's forwarding address, and move on to find new tenants that (hopefully) will be better. 

It will also put the remaining tenant on notice that you running a business and are fair, but firm. This kind of thing happens more often that any landlord wants, so screen, screen, screen and hope for the best, but be prepared. 

Best,

Marc