Landlord Question and Answer Forum

Hi, I received notice from my tenants that they were going to break the lease early (4-months early) as of 12/31/19. I sent written notice of my acceptance of them breaking lease. I have contacted the utility companies and scheduled a final reading on the water and electric for 12/31/19 and to have utilities placed back into my name. I have also contacted my contractors to make sure they will be available to make any repairs and get the place back in new condition prior to leasing to next tenants. Today, I received notice from tenants that they now plan to break the lease on 1/31/20; which is still an early termination. I sent them noticed that the scheduled move-out day is 12/31/19; and that i have already begun advertising the property and making contact with my contractors. I asked them if they are willing to continue the lease until the scheduled expiration date of 4/30/20. 1. Is what I am asking of the tenants legal? 2. Can I legally have them to abide by the 12/31/19 early termination date; and require them to pay the rent charges due for the months of 1/1/20 - 4/30/20; since I have already accepted their notice to break lease early? Thanks in advance for your response. Sylvester R

You don't have to accept the new move-out date of 1/31/20. The only reason I wouldn't accept the change was if I already had a new tenant signed for the apartment for the month of January. Pushing the utilities and contracting services back a month typically does not involve any extra cost. If it does, you could tell the current tenant that they would be responsible for them should you accept the new date. But, if no tenant waiting, accepting the new date gives you one more month of collected rent. As for the outstanding lease months of 02/20-04/20, if the tenant agreed to pay the shorted months from 01/20-04/20, then they should be agreeable to pay the updated dates. If not, then you'd have to take them to court.

Posted by Matthew M, IL on Monday, December 23, 2019