Tenant Request To Vacate Early

[CJ B.]

Hello, 

Would like to know how others handle this situation— 4 year tenant, has paid rent on time, suddenly requests an early vacate. It’s December, lease is up in May. They tell me theywon’t be able to pay as he was in a car accident and needs to vacate to live with a relative.
 Very difficult to rent in winter months . It’s out of state.

What is the optimal strategy for this situation?

I do have an early termination clause in the lease. But how does one enforce this, if at all? 

Thanks!

[Jonathan Bock]

Not a simple one for sure.  Do you charge a breakage fee to a disabled person unable to work?  How does that impact you and your business?  Your image as an owner and an operator ?  Are you willing to sue the tenant to collect unpaid rent and your breakage fee?  

You are out of state so court filing and fees and time to hire that out will be costly.  I'm sure the judge will be full of empathy for the out of state landlord trying to get his lease termination fee... the one who gave you notice instead of leaving the unit trashed and abandoned like many do

Or do you take the loss and find a new tenant long term relationship?  Maybe even a great time for a quick overhaul of the unit and a rent increase?  

Leaving a unit vacant in the winter yes it sucks you are likely to face difficulties with tenant selection but it can be done and will take more effort definitely.

I say look on the bright side get that unit ready for a refresh and a rental increase!

Jon Bock, CPA