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
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
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

All Forum Posts by: Rachel Aalmers

Rachel Aalmers has started 1 posts and replied 2 times.

Colleen - thanks for the reply. They're not leaving - they want to renew but only if they can add an early termination clause. 

The original contract and subsequent renewal options did not include an early termination clause, which would mean under current Florida law the landlord doesn't have to seek to re-rent or mitigate damages, in other words "a contract is a contract". The tenant would be responsible for rent for the entire lease term, or at least until we find another tenant if we choose to be nice (we always would). 

I'm very reluctant to give in, its nice knowing if for whatever reason we can't re-rent, the current tenant has to meet their contractual rent obligations. 

I'm concerned that the tenant actually already has planned to leave early, isn't telling us, and really wants a short term lease at a long term price discount.

Short term leases in the area are going for a lot (about 40% more per month), and if that were the case I'd like to charge more, but I don't want to lose the tenant unnecessarily. 

If this tenant was able to make a 12 month commitment in the first place, it doesn't seem unreasonable to expect the same upon renewal. Or they should simply tell us how long they're able to commit to and we'll run this as a short term lease until they have more clarity on their situation or move out, but it doesn't appear the tenant wants to pay a dollar more.

So, basically the question is - do we take a leap of faith and lose our peace of mind or insist on sticking to the contract and risk losing the tenant?

Here’s the situation - my fiancé inherited a very nice house from fairly wealthy parents. He’s rented it out. It’s a 5-figure per month rental in a very exclusive gated community. I help out with the “landlording” as best I can, which means jumping at every tenant request because they expect perfection. I’m jumping a lot.

We've had tenants in there for about a year, and have built in options to renew for a year at a time. We did not agree to liquidated damages for early termination - given the exclusive nature of the community, the extremely high commission cost, high property costs (taxes, HOA, etc) and the fact that it can take anywhere from 3 weeks to multiple months to rent it out (at high carrying costs) - we depend on stable multi year tenancy for the numbers to work out.

It’s critical that when the tenants renew, they stay for another full year. We also believe a good stable tenant should be happy to make a 12 month commitment otherwise at this price point, something might be up. Most tenants have stayed around 3 years and never said peep about leaving early.

This new tenant pays on time, is generally nice, and they say they want to renew and stay maybe 5 years, but they want to be able to leave for any reason at any time with minimal consequences. It’s hard to believe someone that’s saying they want to stay 5 years, but can’t commit to 12 months. Technically, that’s no longer a renewal - that’s a renegotiation of the contract and had we known we would’ve accepted another offer.

The whole thing is bizarre, I have a sense they have an agenda they’re not disclosing because at this price range, with kids enrolled in great private schools nearby, our experience has been the opposite - families wanting to lock the house down at their sole option for x years at x price.

The arguments the tenants presented are very bizarre as well (what if lightning strikes the house, or I decide to adopt 4 children and need more rooms, what if I need laser surgery only available in Europe). Really? Well, what if I want a tenant that is able to make a 12 month commitment with no early termination clause?

What do y’all think? My preference is to renew as per contract or that they would reveal the minimum commitment they are able to make, and we’ll write up a short term lease at a higher price - flexibility and stressing out the landlord should come at a cost.

I would understand and offer an early termination clause if this was a yuppie area condo, university type apartment, or really any rental $2000 and under. But at this price point, you’d expect a different tenant base with much higher levels of stability and commitment ability. At least I did.

What do you guys think?