Tenant Wants To Break Lease Agreement

[nj2Type-S]

Hi All!

I have a rental property that is leased until the end of July.

My tenant called me a couple of days ago, saying he’d like to move out at the end of April.

I explained to him that I was actually thinking of putting the property for sale, anyway, and this is probably a good time to put it on the market. However, the property may not be sold immediately.

From your guys’ experience, can my tenant just break the lease? What are my legal obligations to my tenant? If he does break the lease, do I just keep the damage deposit, if he decide to move out at the end of April?

I’ve had my rental property since 2015, and this is the first time I’ve had to deal with this, so any input is appreciated.

Thanks!

[Darkane]

My gut says you shouldn’t have said oh okay, I’m trying to sell it anyway.

They have have inferred that you want it empty and wouldn’t care if they broke lease.

Shrug.

[littledan]

You have basically no recourse as a landlord if they break the lease so just let them out. You can try and recover any lost rents until you can rent it again, but collecting will be 0 % chance. Just let them out and make sure they know you are doing them a favour so they dont pour readymix down the toilet.

[ThePenIsMightier]

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My gut says you shouldn’t have said oh okay, I’m trying to sell it anyway.

They have have inferred that you want it empty and wouldn’t care if they broke lease.

Shrug.

No shit.
It feels like OP is saying "that works out perfectly for me - how can I figure out how to fist fuck you and wreck this win-win scenario?"

[mr2mike]

Yup you sewered yourself showing them your cards.
Let them go and do what has been said above.
Be around for move out day too.
So many landlords screw that one up too.
One vacation day vs thousands in damage, etc.

[msommers]

You 100% cannot keep the damage deposit. I mean you can try but if the tenant knows anything at all, they can come after you for it and easily win.

The easiest thing here is for you to negotiate maybe an additional month's rent after they want to leave and hope to leave it at that. But end of the day, tenants have a ridiculous about of power.

[mr2mike]

Can't keep damage deposit nor do you have much power with them knowing you've considered selling.

[Buster]

hello

[jabjab]

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You have basically no recourse as a landlord if they break the lease so just let them out. You can try and recover any lost rents until you can rent it again, but collecting will be 0 % chance. Just let them out and make sure they know you are doing them a favour so they dont pour readymix down the toilet.

Do they have to give a certain amount of months as notice if they want to break the lease?

[90_Shelby]

The tenant can break the lease early but you can’t simply keep the damage deposit or charge them for the remaining months. The landlord is required to attempt to fill the space at the same rate you were renting the space to the previous tenant. Only in a situation where you couldn’t find a new tenant could you be compensated for damages.

The market is hot, this won’t be a problem so you’re likely SOL on any recourse.

I had a tenant just leave two months early, I explained it’s no issue as long as I find a new tenant. I found a new one almost immediately and managed to raise the rent by $200/month.

[sabad66]

Technically they are on the hook for the full length of the lease as long as there aren’t health issues or any other reasons you’re breaking your end of the agreement. But in practice, good luck collecting anything if they just move out and fuck off.

If you wanted to sell anyways just let them leave. You could say you will need an extra month of rent as a fee for lost income or something if you really want.

[90_Shelby]

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Technically they are on the hook for the full length of the lease as long as there aren’t health issues or any other reasons you’re breaking your end of the agreement. But in practice, good luck collecting anything if they just move out and fuck off.

If you wanted to sell anyways just let them leave. You could say you will need an extra month of rent as a fee for lost income or something if you really want.

That’s incorrect, to follow up on what I stated below:

“ If a tenant ends a fixed term tenancy before the termination date, the landlord is entitled to be paid rent from the tenant until the residential tenancy agreement ends. However, the landlord must take reasonable steps to re-rent the unit. If the landlord rents the premises to a new tenant, the old tenant is no longer responsible to pay the rent from the date of the new tenancy.”

You can’t simply charge the tenant, you have to try and re-rent the suite.

[zechs]

Keep the damage deposit if they stop paying early

They have to waste just as much time as you in small claims, and as a landlord, possession is 9/10ths of the law.

Just like its a waste of time for you to go after them for a few months rent (and of course trying to squeeze the blood from that rock), just take the deposit and boot them out.

Or waste a fuckload of time following the "rules" and get buttfucked.

I know which way has worked well for myself, and I've had really good tenants. Everyone is selfish, if they can fuck you they will.

Or else go and just be incredibly anal about the move out inspection. Excercise every possible delay on keeping it, charging them for issues, etc etc.

Lots of ways to do it. Lots of ways to fuck yourself over in this situation. What OP said doesn't matter, contract is a contract, but when it comes to tenants, they mean SFA.

[littledan]

They dont have to go small claims they can go residential tenancy dispute board and you'll get fucked.

https://www.alberta.ca/residential-t...apusPinrzXX-8j

[zechs]

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They dont have to go small claims they can go residential tenancy dispute board and you'll get fucked.

https://www.alberta.ca/residential-t...apusPinrzXX-8j

That's what I meant. Still takes time and effort on their part.

Never had a problem. Take it for what its worth, an opinion on the internet.

[msommers]

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That’s incorrect, to follow up on what I stated below:

“ If a tenant ends a fixed term tenancy before the termination date, the landlord is entitled to be paid rent from the tenant until the residential tenancy agreement ends. However, the landlord must take reasonable steps to re-rent the unit. If the landlord rents the premises to a new tenant, the old tenant is no longer responsible to pay the rent from the date of the new tenancy.”

You can’t simply charge the tenant, you have to try and re-rent the suite.

Yes, this is true but in a rental market, for example, where suitable tenants are hard to find, you're technically allowed to charge the tenant rent until you find someone to replace them.

Right now, this time of year, I can't imagine finding a decent tenant would take a lot of work and it'll be easier as a landlord to just cut things off as they are.

[gwill]

If the guy is leaving early I'd stick it to him on the move out inspection. It would be pretty easy to find $1600 or whatever your deposit is in charges so you can keep his entire deposit.

I'd care less if the place was left in awesome condition and the place sells quickly.

lulz at some of the responses like giving up or doing nothing. Yeah just roll over and let the guy do whatever. Grow a set of balls and stick it to him if the place isn't left to your satisfaction.

[littledan]

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If the guy is leaving early I'd stick it to him on the move out inspection. It would be pretty easy to find $1600 or whatever your deposit is in charges so you can keep his entire deposit.

I'd care less if the place was left in awesome condition and the place sells quickly.

lulz at some of the responses like giving up or doing nothing. Yeah just roll over and let the guy do whatever. Grow a set of balls and stick it to him if the place isn't left to your satisfaction.

Tell me you're not a landlord without telling me you're not a landlord

[mr2mike]

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If the guy is leaving early I'd stick it to him on the move out inspection. It would be pretty easy to find $1600 or whatever your deposit is in charges so you can keep his entire deposit.

I'd care less if the place was left in awesome condition and the place sells quickly.

lulz at some of the responses like giving up or doing nothing. Yeah just roll over and let the guy do whatever. Grow a set of balls and stick it to him if the place isn't left to your satisfaction.

Yup. Let the guy do whatever.
Consider your battle there, Putin.

[gwill]

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Yup. Let the guy do whatever.
Consider your battle there, Putin.

what battle? The landlord is the one with the deposit. The guy leaving is the one who needs the landlord on their side. If they want to play games it's a super easy decision to make sure their damage deposit is used on repairs/issues.

I find renters are magically too lenient on move in inspections. This becomes super important when a crappy renter wants to play games.

Best part here is the OP can play nice and then hit em hard while their handing you over the keys at the move out inspection.