Did you know that the majority of tenants who rent single-family homes pick long-term leases? But really, life can be unstable, and tenants may have to leave earlier than expected. It’s always beneficial and ideal to have a plan in place, just in case.
The most common reasons for breaking a lease incorporate job relocations, home buying, changing familial status, or military duty. It’s imperative to handle the situation capably and follow legal protocols.
Know and Follow the Law
When you and your tenant sign a lease, it’s essential to bring to mind that it’s a legally binding agreement. Thereby, you both have certain rights and responsibilities governed by state landlord-tenant and other federal laws. These laws are in place to always ensure that both you and your tenant are treated fairly. In several states, landlords are responsible for safeguarding that the rental property is in good condition and must give notice to the tenant in preparation for entering the property.
Failing to observe landlord-entry regulations or respecting your tenant’s privacy can be legal grounds for lease termination in a number of states. Other reasons include military service, domestic violence, or uninhabitable property.
Lease Termination Clause
Including an early lease termination clause in your lease documents is a suitable practice for any landlord, even if it is not actually required. Such a clause can help clarify the process a tenant may follow to break their lease agreement. Most of the time, this includes imparting a certain amount of advance notice, oftentimes 30 days, and maybe paying an early termination fee. By having this clause in place, both the tenant and the landlord can avoid any confusion or disagreements if the tenant needs to terminate the lease early.
A clause in your lease documents extends your tenant a way out if needed, and guarantees that you do not deal with financial hardship because of the broken lease.
After a Tenant Breaks a Lease
As a landlord, it’s primal to maintain cordial and respectful relationships with tenants, even if they happen to break the lease agreement. While it can be depressing when a tenant leaves before fulfilling their lease term, handling the situation well and kindly is noteworthy. In such cases, it’s wise to document the problem and initiate a dialogue with the tenant to resolve the matter and collect any outstanding dues.
It’s a beneficial idea to ask your tenant if you can inspect the property before they leave the house. This will help you identify any repairs that the tenant may be guilty of and what you need to do to get the property ready for a new tenant. As with any tenant, you should calculate any unpaid rent and the cost of repairs and deduct them from their security deposit. It is imperative to keep full documentation of everything.
Send your tenant a written reminder clearly expounding on their legal obligations under the terms of your lease agreement and what will happen if they don’t observe them. It’s reasonable to send this notice by certified mail to warrant a paper trail of your actions.
If you run into a situation where your tenant is not paying the rent, you might have to go through a legal process to collect the owed rent and associated fees. This embodies filing a civil lawsuit with your local court. It is principal for you to reveal to the court that you have acted in a lawful and fair manner throughout the process, including all the activities you took to re-rent the property.
Hire a Professional Property Manager
One best approach to make sure that your rental business is managed in a professional and legally compliant manner is by appointing the services of a reliable property management company. Such a company can help you navigate the complexities of property management and nail down that your rental property is managed rightly and transparently.
At Real Property Management Apex, we work expertly on your behalf in Killeen and nearby to build good tenant relations and handle properly unexpected changes. Contact us online or call us at 254-732-1599 to comprehend more relating to this and our other quality services.
Originally Published on April 1, 2022
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