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Updated 3 months ago on . Most recent reply

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Lisa Laursen
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Mid-Term Rental Cancelation Policy - what do you do if a tenant shortens their stay?

Lisa Laursen
Posted

Hi there!

Long-time reader, first-time poster. I'm curious how you handle situations where a guest wants to modify their reservation and leave early? Do you use specific language in your rental agreement to address shortening a stay? 

I have a guest who signed an agreement to rent from Oct 15-Dec 15th 2025, but now wants to leave Nov 27. In this case, he gave us ample notice to (most likely) fill that slot, however, I'd like to protect us in the future. Do any of y'all have language in your agreements about shortening stays? Thanks in advance.

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Don Konipol
#1 Wholesaling Contributor
  • Lender
  • The Woodlands, TX
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Don Konipol
#1 Wholesaling Contributor
  • Lender
  • The Woodlands, TX
Replied

If you're running a MTR more like a STR, then you can decide to charge the full boat as agreed or, if you desire (possibly to obtain a good review) find a substitute renter for the period in question and credit the original renter.

If, like me you operate a MTR more like a LTR just for a shorter period of time, you probably use a specific rental form provided by either the state real estate commission of the local NAR affiliate. In that case the rental contract spells out specifically the obligations of both parties.

What I personally do with all my rentals is that I regard the rental agreement as a contract that both parties are obligated to fulfill.  Just as the tenant won’t voluntarily move out before lease termination because I found a tenant willing to pay more, I won’t suffer a monetary loss because they can’t or won’t fulfill their contractural obligation.  What I will do is attempt to find a QUALIFIED substitute tenant, credit the original tenant with the rent paid by the new tenant LESS one or two months fee for the extra work and effort, but I will NOT release the original tenant from liability should the substitute tenant default.

Look, the bottom line is that renting to tenants is a business, just like any other business.  However, government officials, pandering to populist sentiment, hold landlords to standards and responsibilities far more restrictive than any other business.  And in many cases this may be warranted as health and safety issues may be present.  But IF the property in question is in compliance with all code, and provides a safe and secure environment, all problems are timely addressed and corrected, and the property is maintained on a professional level, then the investor who has a large capital investment in the property should be entitled to enforce any contracts providing him with the agreed to cash flow. 

  • Don Konipol
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Private Mortgage Financing Partners, LLC

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