Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 5 years ago,

User Stats

3
Posts
1
Votes
Amber G.
1
Votes |
3
Posts

Tying down move out date for tenant breaking lease early

Amber G.
Posted

Lease ends July 2020 but tenant asked to move out early. I told her we'd talk, and that we should come talk to her about details, and she dodged/wasn't available until finally trying to give me 30 days notice via text on the 17th. Never talked to her, everything on text and email. I sent her my notice of intent to vacate form and she filled it out wrong but we got it kinda half fixed, with the date she intended to be out on it and acknowledgement that the lease is not ended or month to month. I've not agreed to terminate the lease early for her or even to the one month optional buy out my lease allows.

She gave written notice of intent to vacate for March 17 and just texted me and said the new landlord bumped her move in to March 20. We had advertised for late March availability (March 20 actually) but had already figured out she's got more painting and floor damage so we were a bit prepared for a later move in next tenant but this does make our lives harder. I'm sure I need her to re-do or fix the notice form fixed or supplement it, and I'm tempted to ride over to the house and have her do it tonight but it's getting late. I'm trying to think of what I can do to nail this down better. If the lease were month to month or expiring I'd send her my own 30 day notice. Does anyone have a confirmation form they use for this situation, or would a confirmatory letter setting out what has happened suffice, or what would you do to firm up this move out date and avoid some sort of situation where she decides she's not breaking the lease after all? I don't really want to "accept" her breaking the lease as if I'm giving up my contractual rights upon breach. In fact although I'll usually "accept" a notice of intent to vacate in writing, I didn't do it in this instance b/c it felt like it was accepting the request to modify the lease. We just had another tenant leave a lease early and the house sat a month without tenant in January. But can I give her notice since there's a lease? Has she actually breached by giving notice of intent to vacate? I've looked over the lease and can't figure anything obvious that I could tag other than her giving me notice of intent to vacate. And while I can't image the house sitting more than a month, I'd rather not terminate myself and reduce the potential breach responsibility on her part. I'm just kind of spinning without coming up with a good idea how to nail this down.