Return to Zillow.com. 4. Next, let the tenant know that you’d like to do a final walkthrough at move out. Even if a tenant has vacated the property and the landlord has taken proper steps to mitigate damages, the tenant can still be held responsible for breaking the lease early. Close the letter with a short sentence of what action will be taken if the violation is not corrected within the stated time frame. This can mean that the landlord is not obligated to return the security deposit, or legal action can be taken to collect any unpaid rent. In most states, you must give at least 30 days' notice, and you have to vacate before the 30 days are up. End your letter with a closing statement and your signature. Use a lease termination letter. Break Lease. Putting everything in writing is your best protection against future issues about whether you obeyed the law. Start by writing the date, your name and your contact information in an upper corner of the letter. Check with state rental laws for the state where the property is located to determine what that timeline should be. You are legally required to minimise costs associated with the tenant breaking the lease. If you want to break your lease, you should give as much notice as possible in writing (keep a copy of your letter). Don't forget to keep copies for yourself and make notes about the date and time of delivery. If this happens to you, take immediate action. Just as tenants are told to go over their lease with a fine-toothed comb when problems arise, it is time for you to take that lease out and read it, especially if you have been using the same one for many tenants and no longer know it by heart. Breaking the lease generally lets the landlord take the deposit to recover from the breach of contract. ActiveRenter.com: What to Do if a Tenant's Behavior Breaks Their Lease Agreement, Nolo: The Eviction Process in California: Rules for Landlords and Property Managers, How to Write a Letter to Terminate Resident Agreement, How to Deal With a Landlord Who Won't Enforce a Lease. It is a good idea to state the exact date you will be leaving and that you want the landlord or agent to find a new tenant. If Steps #1-4 don't work, then you always have the right to break your lease. Just in case there are others residing in or using the property that you are not aware of, include “and all other occupants” in that salutation. If you plan on ending the lease with your tenant, a lease termination letter is the standard method of notification. When should you provide a lease termination letter? Many state laws allow a tenant to break a lease immediately, with no questions asked, if the tenant is the victim of certain crimes, including stalking and harassment—including New York and Texas. However, for a fixed-term lease, you may be required to provide a 30-, 60- or 90-day. There are also some instances where a landlord is unable to terminate a lease. Another approach is to convince your landlord that a lease break actually benefits them in some way. “A tenant who ends a fixed-term tenancy early without the landlord’s agreement can be held accountable for any loss incurred by the landlord, such as rent or advertising costs to re-rent the unit. Now you have to address it. Typically, the first step of this process is sending your tenant a “cure or quit” or “pay rent or quit” letter, depending on the lease violation. In some states, a 30 day notice may be required, yet under some state landlord tenant law, a 14 day notice, 7 day notice, or shorter may be used. If you can't establish communication with a lease-breaking tenant, file a civil lawsuit against him or her. With that said, the lease does not terminate immediately. Writing a letter outlining the reasons the tenants have broken the lease opens the conflict and gives options for a resolution. Termination of Lease Letter If you have to break your lease, you must send the landlord a termination of lease letter. The tenant owes a duty to remain part of the valid contractual obligations until the lease or rental agreement period ends. Suggest a few times that work for you and ask that they pick one of them. Deliver a written notice to the landlord (example, page 2), accompanied by a copy of the orders to deploy / PCS or a letter from their commanding officer stating their pending deployment. Generally, a tenant is bound to the lease unless the landlord violates its terms. Additionally, be sure to obtain a copy signed by the tenant. Candace has been writing professionally since 1989, with real estate being a favorite niche of hers. This leaves negotiations open for a solution if needed. Here's What You Should Know. Besides this, if the landlord decides to renovate or sell his property for any reason, he can terminate the lease … There might be other legal considerations to how you handle lease breaking behaviors, which makes it all the more important to be sure your lease and letter comply with the laws. As the end of your lease term approaches, you and your tenant may choose to renew for another term or end the lease … If you plan on ending the lease with your tenant, a, The reason for termination (if applicable), A request for the tenant’s new address (for forwarding the security deposit return), Instructions on how to complete the move-out process, Recommended dates and times for a final walkthrough inspection, should be clearly worded and in compliance with local. The tenant may be responsible for paying compensation for loss of rent (until a new tenant is found or the end date of the agreement). A tenant breaking a lease early might put you in a tight spot, but you can always seek legal advice. Out of all the different angles that we describe in our general guide to breaking a lease, there are two that are most relevant for New Yorkers. Be sure that you and the tenant read through your lease agreement carefully. Legal Recourse. Tenant Breaking a Lease? The tenant can be charged reasonable re-letting and advertising costs. The business between the two parties might have run its course or irreconcilable differences, making it difficult for the two to continue contracting. First, it is to officially inform your landlord that you will no longer live in the room or house rented. A guide on how to write a lease termination letter with a template to get you started. Learn more, .subnav-back-arrow-st0{fill:none;stroke:#0074E4;stroke-linecap:round;} , is a notice provided to the tenant by the landlord to inform them that the lease will not continue after the set end date. 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