GA Tenant telling me they are breaking the lease - what do I do?

[Taylor Larkin]

Newbie here.  I purchased my first rental on August 30th, a duplex that already had tenants.  Both tenants had been there for more than 5 years so I wrongfully assumed both were stable.  As soon as I took possession, both tenants signed a new 12 month lease with me and both paid rent in Sept.  One of the tenants informed me on 9/21 that she intended to move back home to be with her ailing mother and father.  She has no intention of following the stipulations in the lease for breaking it (45 day notice, rent due during the notice, plus an additional months rent).  I'm ok with making some concessions and working with her outside the specifics in the lease but I want to get them in writing from her. 

Can we just do a move-out agreement that lays out what we are doing differently?  I just want something in writing.  And if I do that, can I try to rent the unit out immediately?  Any thoughts or comments would be appreciated.

[Peter M.]

What does the lease say about moving out early? You could try to do an agreement with them, it doesn't have to be fancy just type out what you will both do and then sign it. Most of the time though these types of agreements do not work out and you end up losing more money when it is all said and done. 

The most important thing is you get possession back. You can try and take them to small claims court later if you feel like it (its not worth it) but if they move out on their own volition and don't damage the place that is usually the best you can hope for. If she won't pay the extra money just explain to her that as long as she gets out when she says she will and leaves it broom clean, you won't take her to court and ruin her credit. Its like cash for keys without the cash since you are already losing money.