Tenant wants to move out before the end of their lease

[Carolyn S.]

Hi, I am a fairly new landlord. A tenant wants to move out 5 months before their term ends. Technically, they are responsible for 5 more months rent, but they have been good tenants and I want to keep a good relationship with them and want them to feel they've been treated fairly. I was thinking of possibly telling them they would lose their deposit (which is one months' rent) for leaving early. Does anyone have thoughts on how to handle this situation? 

[Robert LaPrelle]

Personally, I wouldn't come out and tell them that you are going to keep the security deposit. Doing so removes all of their motivation for returning the unit to you in good condition. Instead, I would tell them that you will deduct from the deposit for any time that the unit is left empty. That way, they have a financial incentive to help you get the unit rented again as soon as possible. They may even let you begin showing it BEFORE they move out. It is also worth noting that in some places, you are not allowed to charge them more of a penalty than what I describe above.

No matter what you do, I recommend a brief conversation with your lawyer so that you have a firm understanding of what you are allowed to do.