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Updated almost 14 years ago on . Most recent reply

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Christine T
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Holding tenants responsible for finding new tenants if they break the lease

Christine T
Posted

Edit: in the title, I meant to say "Holding tenants responsible for finding new tenants if they break the lease"

I rent long-distance to good tenants who want some flexibility in the coming year. I want them to sign a 1 yr lease and they wish to retain the option to break it without penalty if they help me find a new tenant (post ads, host open house and showings, etc.) If there’s no vacancy, no penalty for them and they get the deposit back. I am fine with that, but not quite sure what type of language to include in the lease to that effect. Also, I would like to ensure I have the option of raising the rent for new tenants (didn’t increase it at all for the current ones).

I hope some of you who have used this type of clauses in the lease can help me with suggestions. Thank you very much!

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Scott J.
  • San Juan Capistrano, CA
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Scott J.
  • San Juan Capistrano, CA
Replied

This is interesting. If it were me, I would just have them go month to month or pay the fee to break the lease.

It sounds great in theory to have them do all the work finding new tenants, but I can see some sticky situations too. Like what if they keep bringing you new tenants that don't meet your (at least I hope) strict requirements? They might think you're sandbagging them.

They don't have a vested interest to get you a GOOD tenant. Just a tenant.

Another unique idea would be to have a decreasing fee for breaking the lease. For example, $1k if they break it in month 1, decreasing to $100 if they break it in month 10. I just came up with those numbers, it depends on your rent.

Your idea isn't bad, it's just not one I would personally go for. It kind of defeats the purpose of a lease.

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