Tenant breaking lease

[Remone R.]

So one of my tenants are soon as she is getting a voucher for new housing and has asked me if she can break her lease. Her lease ends November 30th, but in October she signed a new lease for 6 months starting December 1st. Since I can’t force her to stay I told her when she receives her voucher for new housing to let me know and I will see what I can do letting her out of the lease. So today a property manager I assume, has contacted me as a rental reference for this tenant but I’m not sure what I (legally)should/can tell her. This tenant would be essentially breaking her lease if she leaves and as of today I have not received rent for November and she has some damage in the unit. She hasn’t given any notice. So can I divulge all of this info to this property manager? And since she’s already signed a new lease starting December 1st what can I legally charge her for?

[Marcia Maynard]

@Remone R.  Tenants will always move when they want to move. The good thing is the tenant has come forward to let you know what is going on. It takes a long time to get on the Section 8 program and when she renewed her lease with you she may not have known she was finally approved for the Section 8 program.

I think what you told her initially makes sense. When she can verify she has indeed secured assistance from Section 8, meet with her and explore the options. You can be flexible and you can be compassionate.

Would you consider continuing to rent to her and accept rent from Section 8? It's not difficult to contract with Section 8 and get your unit approved. Section 8 may direct deposit rent into your bank account even before it is due. That's what they do for us. Depending on how the Section 8 program is administered in your area, this could be a great thing for you!

If you don't want to accept her rent through the Section 8 program, then it would be fine for you to release her from her lease obligation. If she's cooperative, up to date with her rent, pays for damages, and leaves the place clean, then let her go without penalty. Karma will be good to you.  It's easy to re-rent anytime of the year in Western Washington, especially in metropolitan areas, such as Auburn. Talk with her about a move-out plan to make the transition for both of you smooth and easy.

If you don't want to let her out of the lease without penalty, then charge her according to the terms of the break lease clause of your rental agreement, assuming you have one.

You say you have not received November rent. What day of the month does this tenant normally pay? Do you have a grace period? Do you have reason to believe the tenant will not pay November rent? Otherwise is she up to date with her rent? As long is she is within the grace period for paying rent, it's not an issue is it?

If you are aware of property damage, you need to address it now. Don't wait for move-out. It's best to assess damage and charge the tenant accordingly anytime you become aware of it. Unless it's significant damage and/or goes unpaid, then I would not mention it as a concern.

I wouldn't expect a tenant to give their Notice to Vacate until they have secured their next place. So that is not an issue either.

Most of all, don't try to make this tenant into a villain in the eyes of the next landlord, when she is doing everything she can to keep you in the loop and work with you. Extend her good wishes as she makes this transition. Don't become her adversary, or you may be faced with a less than pleasant move-out experience.