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All Forum Posts by: Sofiya Cherni

Sofiya Cherni has started 13 posts and replied 35 times.

Originally posted by @Steve Morris:

In Portland, it's called no-cause.  Now very expensive to do.

I think i'm leaning towards letting them out of the lease early, less costly.

Do you have to state the specific reason for eviction in your Notice to Vacate besides breach of lease? The county guy I spoke to said I don't have to be specific and can just say "due to breach of lease" and that I don't have to give them an option to correct the issue (I want them gone). I find it odd that someone on here told me that i can't evict due to son not being on the lease but living on premises yet county said if more than 30 days that is a valid reason to evict. PS i did give them a chance to fill out an application for him as he is an adult but they ignored it.

Also, do you put in the notice that if they don't get out in 30 days you will file for eviction? I didn't see that in the document language from the county. Is it just assumed? My tenants aren't the brightest so i didn't want to catch them off guard, want them to understand where this is headed.

Tenants wishe to break the lease and I want them out but I'm not sure what document to use for this. They want to notarize a mutual termination of lease agreement. Any suggestions? And what should it include? Tenant already said that they don't want to give me their new address...so there's that. No need to worry about security deposit as there will be enough in damages to eat that up. 

Montgomery County (MD).

I'd like to make sure tenants get out when the lease is up and I want them to know I mean business, how to I do this? I was pretty flexible when they moved in (ie they told me one date but moved in later, thus, paid less for first 'month'). I do not wish to deal with their nonsense at move out so I'd like to give them two options: Out by 16th of the month or 1st of the month. I know I have to give them 90 days notice but I do not wish to budge if they need extra X amount of days.

1. Do they need to agree to lease termination by signing something or can I just mail the letter without signatures and keep a copy of it?

2. Can I stipulate in the lease termination document that I will be charging $150 per day if they don't move out by the chosen date? 

Post: Does this qualify for Breach of Lease?

Sofiya CherniPosted
  • Montgomery Village, MD
  • Posts 35
  • Votes 6
Originally posted by @Michael C.:

@Sofiya Cherni Assuming the tenants are month to month, It may be easier and cleaner just to give the them 30 or 60 day notice that you would like to end the lease. In Montgomery County, you are not required to provide a justification for lease termination. Going the eviction route under the circumstances you describe may be time consuming and will probably not yield the results that you are hoping for. Good luck!


I was dumb enough to renew their lease, they’ve got 1.5 yrs left and I will go mental by the time it’s over. They are too loud, I’m willing to overlook everything else but the noise. For them it’s day to day living and for me it sounds like construction is going on plus normal speaking voice is straight up yelling. Looks like I’ll have to suck it up. 

Post: Does this qualify for Breach of Lease?

Sofiya CherniPosted
  • Montgomery Village, MD
  • Posts 35
  • Votes 6
Originally posted by @Russell Brazil:

What is BOL?

Both individuals are family members....I have little doubt of you tried to evict based on a family member staying with your tenant, that the judge would tear you a new one.

Ouch! Hypothetically speaking, same outcome if I asked family member to fill out application and he refused?

Post: Does this qualify for Breach of Lease?

Sofiya CherniPosted
  • Montgomery Village, MD
  • Posts 35
  • Votes 6

Montgomery County, MD.

Would this constitute as BOL?

18+ son moved in permanently but is not on the lease?  Am I required to give the opportunity to add him to the lease? I prefer to evict instead of adding.

Also, tenant admitted after the fact that her mother stayed with them for a month. Per lease if anyone not on the lease is staying over 2 weeks I must be notified, they must fill out application, pass criteria and be added to the lease. 

Are these two instances sufficient to evict based on BOL?

The rent, in 2+ yrs, has never been paid on time. It is paid late each month by the 10th (usually on 7th 8th or 9th). I can’t collect late fee till after 10th.

In summary, they could care less about my rules, I’ve had enough of them and would like to evict. 

Post: Agreement to break lease

Sofiya CherniPosted
  • Montgomery Village, MD
  • Posts 35
  • Votes 6

Thanks for the reply! Lease says they'll be responsible for lost rent until i find someone else but i'm not sure that i can hold them to that since i want them out as well, i own it outright.

I can't pick an end date because it depends on when they will find a new place, trying to be reasonable especially with COVID, they pay late but have never missed a payment. I requested two month notice and said i'll provide an addendum once they give me the notice. What happens if they move out on some odd number, like the 20th of the month? Do you charge for the whole month or do you pro rate? They moved in mid month and kept going back and forth with the move in date (i prorated that month and from then on lease was due on the first), i don't want to deal with that yo-yo again. 

Great suggestion on providing service contractors and how to handle utilities.

Post: Agreement to break lease

Sofiya CherniPosted
  • Montgomery Village, MD
  • Posts 35
  • Votes 6
Originally posted by @Kathy Henley:

What does the lease say? @Sofiya Cherni My lease states that the cost of breaking a lease is 4 months rent. As with all tenants, the apartment will be returned in the same condition as the day that they took possession. (Pull the Inspection Worksheet which they initialed the day of their move-in inspection.) 

You need to know your local laws before creating an an expense sheet, but it sounds like you are talking with them; keep talking. Pick an end date and take aim. Schedule a walk through so that you can point out any repairs that need to be made before they vacate (at their expense.) Help them find service contractors. Refer the party to a cleaning company so that they can arrange service and payment. Or, they could clean their home themselves. The security deposit will be returned, or you will explain each deduction of why it was not.

The account holder can/will call the utilities with the end date, it will coincide with the start date at their new place. It will include an address update for mailing the final bill. The bill will follow the tenant and not be your concern. You will call the utility company to start service in your name on the move-out date and until a new tenant takes possession. The lease breaking fee helps defer these costs, as well as the lost rent during vacancy. 

Post: Agreement to break lease

Sofiya CherniPosted
  • Montgomery Village, MD
  • Posts 35
  • Votes 6

Im letting my tenants break a 2 Year lease because I’m their neighbor and they’re too loud for my taste. They want a bigger house so it’s a win win. 

What should the official document include to cover myself?

I would prefer it if the home was left in move in ready condition to minimize rent loss. Is this something I can require? There’s some damage to walls and ceilings, they’re not the cleanest either. I don’t think I’ll be able to collect anything after they move out, their deposit was half of months rent and Im not sure if it will cover everything or not. I was going to stipulate that if cleaning or maintenance etc is needed after move out they will be billed for lost rent until home is move in ready. I realize that it will take time to find tenants but I’m ok with that.

I was also going to include that they need to pay all utilities on the day of (or by) move out date. They are often a few months behind on water bill, not sure about the rest of the utilities.