Tenant wants to break lease for BS reasons - what to do?

[Ericka G.]

Hi there, I just had a tenant move in this weekend and he wants to break his lease because he can hear the neighbor’s TV in his bedroom and because he felt the fridge wasn’t adequately clean when he moved in (it was fine). He hasn’t moved any furniture in yet, just took possession of the keys. I feel he’s full of bs. I explained to him that he signed a one year lease and that we’ve never had noise issues/complaints before but that I will ask the other tenant (who has lived in his unit for years with zero complaints from anyone about noise) to keep his TV lowered after a certain hour. There is a clause in my lease that says he will have to pay 3 months rent if he needs to terminate the lease early. He is balking at that. I do have his first month’s rent and one month’s security deposit. So I told him if he paid one month more I would let him out of the lease, but he doesn’t want to pay anything more. He has a very good job and great credit but is young and immature so I kind of just want him to go away BUT hate the hassle of having to show the place again (40+ min drive from my house each way), run background checks, etc. What would you do in a situation like this? Ugh.

[Mike Cumbie]

Hi @Ericka G.,

Sorry to hear about your issue. Last thing I would do is push him hard enough for him to move in. Then you will have him as a tenant. In this case I would say "Give me back the keys, I'm keeping December rent" and since you didn't move in you will be getting a full security deposit. Have him hand over keys and release you and you cut him loose. Then start looking for a tenant again. You had a drifter pay a months rent and it gives you 30 days to fill it. 

Good Luck!