Early lease termination

[Mario B.]

Hi All,

I have a tenant that just moved in, March 1st.  We signed a 2-year agreement, early buy out clause of 30 days notice, 1 months rent.

He is giving me a hell of a hard time now, he is breaking the lease for a better opportunity.  I told him our signed agreement states the early termination fee is 1 months rent, he wants to give me half and hasn't paid anything this month, his last month with me. 

Should I bite the bullet and accept the half months rent or take him to small claims court for the full amount? 

I have another tenant already lined up, a signed lease and new deposit but I feel fully entitled to the termination fee, it was spelled out in the lease agreement.  

[Karl B.]

Personally, I'd take him to small claims. But that's just me. I'm all about principle and doing what I feel is right and it seems you're the same way as well. Some people would tell us, "It's going to be a waste of time" or "You're going to put all that effort in over a few hundred dollars?" but personally I like to hold people accountable as if I didn't it would bug me. 

It's kind of like the landlords who do cash for keys - I wouldn't - mainly because if someone isn't paying me rent I want to put that on their record so other landlords who do a credit check don't go through the same nonsense with that deadbeat tenant. 

I'm glad you've got somebody else lined up; cash flow is essential!