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Updated 7 months ago on . Most recent reply

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Makan A Tabrizi
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Tenant conflict; One party wants to break lease

Makan A Tabrizi
Posted

I have two tenants that don’t seem to get along. They live in a building with two apartments, one up and one down. They share a patio downstairs. Tenant A, the downstairs tenant, has already given his notice and is leaving in two weeks. Tenant B, the upstairs tenant, complained a couple of weeks ago that tenant A was smoking cannabis on the patio (it is explicitly against the rules of the house and is in the lease). I told tenant B that I ask tenant A to stop. So, I told tenant A to stop. I informed Tenant B that I had and that he should let me know if it happens again. I also informed him that tenant A was leaving at the end of June anyway. 

Today I received a text from tenant B that stated tenant B was again smoking cannabis on the patio. I told him I would go over and ask Tenant A to stop. Tenant B replied that he was tired of “this” and that he wanted his lease terminated because he feared for his safety. This was a new one for me so I replied: “Property rules are one thing, but If you truly fear for your safety, I would recommend calling the police department. They need to know about disturbances of peace or whatever they have done to make you fear your safety. They have enforcement powers that I just don't have. I'd be happy to talk to cops if you need me to.” He declined to do so. He simply wants out.

I think the best approach is to let tenant B leave, even though tenant A and the conflict is going away on June 30. His lease isn’t over till the end of Oct and clearly states that “If tenant vacates the premises before the date agreed upon in the lease, the tenant will forfeit deposit and will be responsible for rent until the end of the lease.” That would several thousand dollars. Rather than try to force that on him, I would like to know what a reasonable remedy would be for breaking the lease.

Thank you in advance.

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Makan A Tabrizi
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Makan A Tabrizi
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Quote from @Nathan Gesner:
Quote from @Makan A Tabrizi:


Suggestion: when you give him options, include a deadline for a response!

If you leave it open-ended, he may come back to you on August 20th and say that he's giving notice of early termination, which may put you in a bind. Spell out his options and then set a deadline for when he has to decide. If he doesn't make a decision - in writing - then he is required to serve the remainder of his lease, or has to pay a penalty to leave early.

 I did exactly that and he just responded that he will finish his current lease, which is Oct 31. I'll be happy when he is gone but at least he won't have Tenant A to complain about as of July 1. Maybe that'll settle him some.

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