Post # 1
Fiance and I each own a home — his in our current city, and mine in the city I lived in before I relocated here for him. We’ve both talked about how much we’d like to move back to MY city should the opportunity arise.
AND IT DID! We get to move back! However, I have tenants in my house whose lease won’t be up until August. Do I have any rights to terminate it early? Giving them plenty of notice, of course. We were thinking we’d find something temporary until May if its feasible to end their lease early.
Anybody hav any experience with this? It would be stupid of us to have 2 mortgages and rent an apartment.
Post # 3
I don’t know about whether you “can,” but I think it would be pretty crappy and selfish to do.
Post # 4
When I met FH he had just gotten kicked out of them condo they rented early because the owner sold the condo. Im pretty sure the landlord gave them less than 2 weeks to move out.
Post # 5
It would also be crappy and selfish for our son to stay in the town we’re in and not have a safe environment or the ability to get a good education. But thank you for your kind words.
Post # 6
@mishelleez: We were talking more like 6 months notice.
Post # 7
whoa! this is getting snarky fast.
Legislation re tenants and tenancy agreements varies from state to state. I suggest you call or look up online the grounds for breaking a lease in your state.
Post # 8
Absolutely not. You signed a contract with your lessees and they could sue you if you terminate the lease prematurely. It depends on the laws of your state, but most states are very pro-tenant. When you decide to enter into the landlord tenant relationship, thats a certain responsibility that you can not ignore because the opportunity arose. You will need to wait until the end of August when the lease is up. Yes, its silly to own 2 houses and rent, but if you knew this was a possibility, you should have suggested a shorter lease period on the rental. Sorry, but you don’t have options here.
Post # 9
I don’t know if it’s legal or not. Do you have a copy of the signed lease? I wonder if there would be a clause that says you can break early, while compensating the leaser, just like when the leaser wants to break a lease early and has to pay a fine to get out of the lease.
Post # 10
Yes we have a copy of the signed lease and it doesn’t have provisions for lease termination on either end.
We let our last tenants out 8 months early because the wife got a job that required a hefty commute and they couldn’t handle the drive anymore.We just drew up a termination contract and let them go on their way… very amicable.
Forgot to mention our current lease states no pets, and I’ve heard from several of our neighbors that our current tenants have 2 dogs. I’ve asked them about it, and they say no but I have heard dogs barking in the background. Argh. I hate landlording 🙂
Post # 11
What is the penalty for having pets on the premises?
PS – I hate being a landlord too, so stressful.
Post # 12
The penalty for having pets is a $500 cleaning fee at move-out per pet or retaining the entire security deposit, or eviction if any damage has been caused by the pets.
Post # 13
Sounds like a nightmare situation to me…
Post # 14
My FI’s parents rent to us, actually, and before we moved in, there was a girl living in what’s now our apartment. There were a few problems with her, but nothing major. But, they could not just kick her out because we wanted the apartment. They had to wait until the lease was up, and not renew it, thus making her leave. It was the only way they could get her out because there were no provable grounds for eviction.
So, I would imagine the same would be true for you guys. You probably cannot terminate their lease early nor evict them (which is expensive anyway because FI’s parents have done that once in the past as well… court fees, usually lost rent, etc).
But, honestly, I would talk to a lawyer who specializes in rental laws in your state. They could help you more!
Post # 15
What state is the lease in?
I think I’ve read that landlord’s have an easier time breaking a lease if the reason to do so is moving back into the home. Can’t find that anywhere, and I’m sure the laws vary by state.
Post # 16
You could try discussing it with the tenants before taking any actions and see if they would be ok with it. SOmetimes just being nice and honest about your situation can go a long way. If you compromise on something, say, giving them a break on their last month’s rent payment or something and/or assisting them in finding a new place to live, they may be more open to doing it, regardless of whether it is technically “legal”. I would also freak out and think my landlord was being selfish if I didn’t know all the circumstances around the move (landlords are notorious for being awful and shady in Boston, where I live), so I think having a real human conversation with them could go a long, long way!