Best way to permit a tenant to break the lease if he wants to?

Question

I have two very needy, nitpicking tenants who have recently informed me that they would like to have the ducts cleaned and they are willing to pay for it. I have refused their request for reasons that I need not go into here. I believe they will continue to make an issue of the duct cleaning, claiming that it is necessary to cure their "allergies" (I don't believe they have allergies). At this point it is just fine with me if they wish to move out, and I plan to tell them in writing that they may break the lease and move out whenever they want to. Is there some reason why I should do more than send an email to that effect; for example, is there some reason why I should present this offer as an amendment to the lease?

Nathan Gesner · Answer

"Dear Tenant,

It's clear you are not happy with the rental, and probably never will be. I think it's in our best interest to part ways. You are hereby authorized to break your lease early any time during the next 60 days. All I ask is for one week notice and that you return the unit in the same condition as received. I will refund your deposit as quickly as possible and in accordance with state law."

See if that works. I set a limit of 60 days because I don't want them to stay for 10 months and then take advantage of my offer. If they're willing to stay that long, they may as well stay the entire term.

Jonathan R McLaughlin · Answer

Wait a minute...they want to pay to have the ducts professionally cleaned? Go for it. You should have that done at some point, no liability for you since they are using a professional and you get it done for no expense?

You set a great precedent that they pay for any of this. And you don't have to say yes to any other requests.

Nicholas Darracq · Answer

I agree with above.  Let them pay for the ducts to be cleaned but use your licenced and insured vendor. I see no upside at all by refusing this.  Offer them a mutual termination of tenancy without penalty asap. Especially if they are claiming allergies that you don't believe exist. They could be angling for some type of litigation. Act as if a judge will be reviewing all your communications and actions for good faith. Keep future comms strictly to email. This is costing you money and stress. The best option sometimes is to cut your losses. Even if they reject a mutual termination agreement you offered it and gave the tenants a good faith opportunity to leave.

Nathan Gesner · Answer

The article is probably correct that dust trapped in ductwork is unlikely to become airborne. The fan typically doesn't blow hard enough. However, it can certainly move odor. If the house was previously occupied by a stinky dog and the ductwork is full of hair, that odor can kick up every time the fan turns on. I've personally seen it in many rentals.

You sound a little paranoid over something that carries almost no risk to you. I'm not an attorney, but you can write up a simple agreement that indemnifies you from any liability:

"Tenants agree to use a licensed, insured professional to clean the duct work. Tenant accepts all responsibility and agrees to pay the vendor directly and indemnify the Landlord from all losses, claims, suits, liability, and expenses related to the work."

Bruce Woodruff · Answer

If you let them stay and they proceed with the ductwork, make it mandatory that YOU will choose the company to do the work. YOU sign the contract. Add the cost of the cleaning to their rent next month with an addendum...

Nathan Gesner · Answer

I think you're exaggerating things, but I don't know you or the entire situation. Perhaps you should just stick with getting rid of the tenants.

Bruce Woodruff · Answer

@Kay March No, I understand...frankly I'd try to get them to leave as well......Nothing worse than people like that. Even worse if they are entitled too......

Kay March · Answer

@Bruce Woodruff Thank you, your suggestion sounds workable, and the addendum would be key. Just in case you're curious, though, I'll explain that I will not cooperate with these tenants anymore every time they think up some new request. I will keep your suggestion in mind for future use, though, so thanks again!

Kay March · Answer

@Nathan G.Thank you, but if the service provider causes damage, I want to be able to choose the company that will fix the damage, and if the tenants are bound to pay that bill, they might disagree with my choice. I don't want that potential conflict/hassle/headache.

Kay March · Answer

@Jonathan R McLaughlin @Nathan G. @Nicholas Darracq  OK, the reason I don't want the tenants to pay for the duct cleaning, or any other work on the house, is that if the tenants pay for the work, then I do not have a contractual relationship with the service provider, and that means that if the service provider does damage, which is possible with duct cleaning, then I have no recourse against them. I will have to charge the tenants for repairing the damage, and the tenants will be at a disadvantage because they will have no say in who does the repairs or how much they will cost, and for that reason and for other possible reasons the tenants might refuse to pay, and so on. The situation is similarly complicated if I pay for the duct cleaning and the tenants agree to reimburse me.

I have come to believe, anyway, that duct cleaning is at best of no value and at worst a scam, except in certain unusual and specific circumstances, none of which exists here, and it can be damaging to the house. Here's an article on the subject: https://www.washingtonpost.com/lifestyle/home/considering-having-your-air-ducts-cleaned-think-again/2019/01/28/cb5c14b4-1393-11e9-b6ad-9cfd62dbb0a8_story.html

Best way to permit a tenant to break the lease if he wants to?

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