Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Do you not have an early termination clause written into your lease? If not then you can negotiate with your tenants to arrive at an acceptable compromise revolving around their paying the equivalent of 2-3 months rent, upon which you'll absolve them from the lease term as long as they leave on the date agreed upon. The lease terms and state laws concerning the return of their security deposit remain in effect (if you're not familiar with them, you can find them linked in the first "sticky" on this forum). Make a deal which you can live with, keeping in mind that you legally have the upper hand since they want to get out of a binding contract.
I've never had anyone break a lease on me, but I have broken a lease. The first thing I did was read my lease and followed the guidelines. I personally spoke with my landlord, told them I'd be leaving and to expect my notice in the mail, along with my payment of two months rent. Easy breezy.
I will also be breaking my current lease in about 6 mths. I'm buying a home and will do the same thing as I did before. I will notify the landlord and pay my penalty and move out. Once again, easy breezy
i ran into this all the time landlording in nyc but not enough detail on your case. alot depends on the situation and state.
ny has no responsibility on the landlord to mitigate a tentants damage at all anymore. basically if you wanted to hold them to the lease you can do nothing.
but depending on the circumstances i would work with them.
be thankful they dont know how to play the game in ny as there are quite a few ways for tenants to get out of a lease and the landlord isnt even aware of it even when its done to them.
you have to be very careful about trying to re-rent while claiming your still holding the tenant to the lease until rented again. there are things you can and can not do without being deemed taking control back and letting the tenant off scott free before its re-rented.
new york has " surrender and control" two terms which work against a landlord unknowingly and can let a tenant walk right out of the terms of the lease if they know how to play it.
Last edited by mathjak107; 12-15-2012 at 05:32 AM..
i ran into this all the time landlording in nyc but not enough detail on your case. alot depends on the situation and state.
ny has no responsibility on the landlord to mitigate a tentants damage at all anymore. basically if you wanted to hold them to the lease you can do nothing.
but depending on the circumstances i would work with them.
be thankful they dont know how to play the game in ny as there are quite a few ways for tenants to get out of a lease and the landlord isnt even aware of it even when its done to them.
you have to be very careful about trying to re-rent while claiming your still holding the tenant to the lease until rented again. there are things you can and can not do without being deemed taking control back and letting the tenant off scott free before its re-rented.
new york has " surrender and control" two terms which work against a landlord unknowingly and can let a tenant walk right out of the terms of the lease if they know how to play it.
This is my understanding. Not sure what holds up anymore IN NY on a lease.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
