Hey Jeff,
I'm sorry to hear about the tenants breaking the lease on short notice, I had something similar happen to me this past year that I had to work through and I learned some good lessons from it. Long story short it's worth negotiating for better terms with both parties, but ultimately if neither will give you anything I would accept the March 1 move-in date, get the lease signed and collect the deposit ASAP.
How I'd approach the prior tenant
Congratulations on having had 10-year tenants! That's a very successful term and with a relationship that long, you can likely find something that's reasonable for both parties.
Is there any clause in the lease that specifies what happens if they move out before the term ends? If there is, I would use that as your anchoring point with them. In my leases, I have a clause (I can share it with you if you like) that requires they pay an additional 2 months' rent in order to break the lease and I shared that with them.
Even if you don't have that, I think it's worth offering it to them, say "Hey I know something serious has happened and I want to work with you on that, but it's going to take me a while to prepare the renovation - if I let you off the lease after March, can you pay me the next 2 months' rent? If it helps, I can serve as a reference for you with your next landlord." A compromise is likely better than trying to enforce the lease at this point.
I have filed small claim cases against tenants for breaking their lease in the past, and generally just getting served will convince them to pay. It's a pain getting a PI to locate them and it costs a few hundred dollars all-in, but if it's worth that to you I've generally been pleasantly surprised with how much I wind up collecting. Barring that, I would be careful taking the Deposit to pay for the missed rent, because there are some states where that isn't legal and you can wind up getting sued for a lot of money - it's playing with fire if they contest it.
How I'd approach the new tenant:
I would offer them a compromise and see if you can find something that works. In the past what I've offered is to have them sign the lease for the full month in question (In this case starting in February), but giving them the 1st month half-off. This can be a win-win for both sides and I've had many tenants accept it:
- You have the unit rented and don't have to show it any more
- You still collect rent for half of February (vs the status quo of $0)
- They can get access the property two week earlier (Start of February) and move in at their own pace while still having access to their current place - this can make the move much easier for them!
If they aren't willing to consider that, I would accept the 1st of March date and get it signed, especially if you're excited about the tenant, then you can move on to the next challenge. Also I would make sure that if you don't have it in your current leases, you add in a clause about paying 2-months' rent for breaking the lease so you have something really explicit you can point to in case this ever happens again!