Sign in to follow this  
Followers 0
JSD7671

Breaking the lease

8 posts in this topic

We have rented our house in SC due to moving to California.  We are ready to move back to our SC home but would like to break the lease to make their move out date sooner so we can move back.  There isn't much in our lease agreement about the landlord breaking the lease- only about if the tenant wants to break the lease.  This says they need to give 60 days notice plus 2 months rent as a fee on top of regular rent.

 

We do have a clause that says "termination upon sale of property" says we can terminate the agreement with 60 days written notice.  But we did not sell the house we just want to move back.

Thanks.

Share this post


Link to post
Share on other sites

You didn't ask a question, so I'm unsure what the purpose of your post is.

 

If your question is whether you have any basis to terminate the lease early, we obviously have no way of knowing without reading your lease, but nothing you've posted suggests you do.  Of course, money talks, so maybe your tenant will agree to terminate early in exchange for payment of some amount of money.

Share this post


Link to post
Share on other sites

Hi @JSD7671

 

Welcome to the community and thanks for posting! Both landlords and tenants are held to the terms of the lease. Thus, a landlord can terminate early if the lease provides for it. It sounds like there may be one exception set forth in the lease, but that exception does not apply. If you wrongfully evict your tenants, you may face a legal headache. As PG suggested, you may want to try negotiating with your tenants to see if they would be willing to terminate the lease early. If so, you would want to have a written agreement to that effect prepared and signed by both parties.

 

Best of luck!

The FindLaw.com Team

Share this post


Link to post
Share on other sites

Yes we want to terminate the lease early.  The research I have done suggest giving 30 day notice.  We want to be as nice and accomodating as we can and will give them 60 or even 90 days to make sure they can find a new place to live.  We just don't want to wait until June 1 (when the signed lease agreement ends)

Share this post


Link to post
Share on other sites
1 hour ago, JSD7671 said:

We just don't want to wait until June 1 (when the signed lease agreement ends)

 

You're going to have to unless you pay him to leave.

 

If you try to evict him, no court will allow the eviction to take place so all he has to do is say no to your request (which has no legal teeth).

 

Your options are either to pay him to move or pay for alternative lodging elsewhere until the lease is up.

 

 

Share this post


Link to post
Share on other sites

It's not beyond the realm of possibility that the tenant will agree to leave early without payment, so there's no harm in approaching the tenant and asking.  Just remember that you have no leverage other than your checkbook.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0