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Updated over 1 year ago on . Most recent reply

User Stats

5
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1
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Jen Girard
  • Real Estate Agent
  • Denver Metro
1
Votes |
5
Posts

Early termination of lease with 2 months notice

Jen Girard
  • Real Estate Agent
  • Denver Metro
Posted

As a landlord am I required to allow a tenant out of a lease (minus damages, cleaning fees, re-rental costs) if they notify me 60 days early?   I'm assuming I cannot continue to charge them rent after they leave and charge the new tenants rent............essentially "double dipping"  

Most Popular Reply

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101
Posts
76
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Nathan Brown
  • Property Manager
  • Phoenix, AZ
76
Votes |
101
Posts
Nathan Brown
  • Property Manager
  • Phoenix, AZ
Replied

As I read your question, no you're not required to let them out of the lease. Contracts are a two way street and they're just as responsible for the duration of the agreed upon term, as you are. That said, I agree with the above that there may be times when it's in both parties' best interest to re-negotiate. Regardless of what the lease says, your local laws will dictate how you approach the issue of double dipping. In my lease, I charge an early termination "fee" which is the equivalent of two month's rent. This is specifically not called "rent." That way if I find a new tenant in the meantime, I can still charge the new tenant rent as usual and don't have to worry about legalities.

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