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Updated over 8 years ago on . Most recent reply

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1,451
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Sam Leon
  • Investor
  • Fort Lauderdale, FL
462
Votes |
1,451
Posts

Early lease termination - tenant complaint

Sam Leon
  • Investor
  • Fort Lauderdale, FL
Posted

Have a tenant gave short notice about breaking a lease.

One year lease signed on December 1, 2015, and today I was told by tenant that they are closing tomorrow on a new house and wanted to terminate the lease by end of this month...one week away, not even a 30 day notice.

I have a two month early termination penalty clause...and I am holding a security deposit and last month rent which is total 2 months worth.  If I can find a replacement tenant, lets say the apartment was vacant for 12 days, I typically just charge the last tenant the 12 days of rent loss, minus damages, and my cost (re-key, electric switch over, cleaning etc...)  In other words I don't double dip.

However, with this short notice, I have a vacation planned on July 2 to be gone for 2 weeks out of the country.  This means during that time the apartment will sit.  When I get back I can do the turn over and showing.  I don't ever do showing while unit is occupied.

Tenant who is breaking lease is saying due to my going on a trip, the apartment is sitting vacant, and thus I am not doing my best to get it rented ASAP, which in turn is costing her extra money because her deposit/rent is going to be held until it gets rented/occupied.

Does my tenant have anything to stand on?  He is the one breaking the lease and he is the one giving super short notice.  He should be grateful that I am returning part of her penalty.  Or am I obligated to rent it ASAhumanlyP?

Last tenant that broke the lease, I found a new tenant in 3 days, but the new tenant didn't want to move in till a month later anyway, and the tenant breaking the lease gladly paid the penalty while the unit sat and waited.

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