Tenant wants to break the lease

[Marisa Alvarez]

My tenants moved in last July to a 3 bedroom house 🏡. Today the husband asked me what would happen if they leave the house as the market has gone down and there are cheaper houses around now. They are mostly determined to move out.

My lease specifies that the tenant is responsible for the whole year lease and also that if they break it they should pay a fine. The question is if I can enforce that clause if they leave and how to do it.

Also, when they moved in I told him I would consider fencing the backyard which I still haven’t done. He is using that as an excuse for wanting to move out.

[Nathan Gesner]

I give them two options:

1. Move out and remain responsible for all costs until a new tenant takes over. This is their best option if the market is hot and new tenants are easy to find.

2. Pay an early termination fee and give 30 days notice. They leave after the 30 days like a normal termination, deposit is treated normally, and they can get a good Landlord reference if it goes well. This is the best option in a slow market.