Tenant Wants To End Lease 1 Month In...

[Dan Shelhamer]

So I just signed a lease with new tenants a month ago.  They have been nit picking and complaining here and there, and haven't even technically moved into the unit.  I took 1.5X for security deposit and 1st months rent.  

I just spoke to them today and they informed me their young son has respiratory issues and after explaining the living situation to the doctor, he highly recommend against them living in my unit.  The reasons they provided are due to it not having A/C, and the water heater is in one of the bedrooms in it's own closet and they are worried if it were to leak or break.

I used the lease which is provided here on Bigger Pockets in the Landlord Forms.  I was planning on keeping 1 months rent for them moving out early to cover the time it will take me to get this refilled.  Can I keep their entire security deposit which is 1.5x rent for breaking the lease?

[Mike McCarthy]

You can technically keep charging them rent until you find a new tenant.

That said, it’s probably simpler for everyone that you tell them that you’ll let them out of their lease on May 31st for 1 month rent. Write up a quick doc and both sign it that their move out date May 31.

You’ll return their security deposit within the legal requirement (15/30 days depending on your state laws) assuming no damage

I wouldn’t use the deposit unless required for rent. Some states don’t allow it and others have caveats. So make sure you’re doing what’s allowable in your state.