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Updated almost 6 years ago on . Most recent reply

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96
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Jonathan G.
  • Investor
  • Tyler, TX
22
Votes |
96
Posts

Tenant asking to break lease!? What do I say??

Jonathan G.
  • Investor
  • Tyler, TX
Posted

I just received a text from one of my tenants and I need to know how to respond!

She said, “Any chance you have someone wanting to rent? I wish I taken the 6 mo instead of 18. Things change so much. I’m starting a new job in rusk. Pay decrease. I’m not gonna break lease but if we can work out any way out of it best.”

How would you respond to that?

Background- The property is in TX. She just paid her rent for this month today. She is 6 months into an 18 month lease and this lease is super tight. I will attach some pics of some of the language below.

She hasn’t proved to be the best tenant so I don’t really want her but it could take 1-4 months to rent AND we are in the process of doing a refinance. All the leases have been turned over to the bank. I know if I took her to court I wouldn’t get all she would owe me for breaking it.

Our lease says that she would NOT get her security deposit back for breaking the lease. Should I give her an option to leave early if she paid 2-3 months rent? If I do that does that substitute for “satisfying” the lease and then I can’t get my security deposit from her or can I take both?

Also, since I have received it in text, do I ask her to send the request via email? Do I respond via email? Do I talk to her in person? 

I have attached images of pertinent pieces of our lease below.

Appreciate your advice, thank you in advance! 

  • Jonathan G.
  • Most Popular Reply

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    Theresa Harris
    #3 Managing Your Property Contributor
    11,196
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    Theresa Harris
    #3 Managing Your Property Contributor
    Replied

    Ultimately it is up to you, but in this situation, I'd let her break the lease with proper notice (30 or 60 days).  Tell her she's on the hook for the rent until you find someone and then do your best to get a new tenant ASAP.  Her knowing that she's on the hook for rent until you find someone should make her more open to showings and keep the place in good condition.

  • Theresa Harris
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