Landlord Question and Answer Forum

I have signed a one year lease contract which expires in febr. 2014. Today my tenant served me with a letter stating that he intends to terminate within 30 days. per my conversation to him he insists on having no obligation on continuing to pay until the house is re rented. Do I have any legal rights with the regards of keeping him liable for the lease until I find other renters?

If the lease is silent on early termination, generally the tenant is stuck until the term is up. If he vacates the property, he would be responsible for rent until you find a new tenant. A good lease typically outlines the financial penalties for exiting before the term ends. It's called an "early termination clause." Check your State/Local laws for breaking a lease. Your possible option would be to file a claim in Small Claims Court. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local and Tax Laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download. A great program at a great price @ $50.00! Check it out.

Posted by Bob R, CA on Friday, May 31, 2013

Thank you for your help. The tenant insists that since there is no clarification about penalties for early termination on the lease, he is not responsible for continuing payments until the house is re-rented. I checked the Washington Laws (Landlord/Tenant Act) and it says that "tenant is liable for the rent until the house is re-rented". The Lease I signed though says this Lease "shall be governed by, constructed, and enforced in accordance with laws of the state of Washington". The tenant acts like " I am not liable for anything since " I didn't know there might be penalties for breaking the lease, because there is nothing in the contract about that" In my opinion the term LEASE suggests a fixed time agreement with both parts being responsible. Please, advise me on what my actions should be - should I write him a letter stating all that or let him know that I will be billing him for the time the house is not re-rented. My feeling is that some action from my part is required to further possibly present it in a small-claims court. What would be your advice. Thank you so much in advance

Posted by Kate V, WA on Friday, May 31, 2013

My pleasure Kate. One thing I would not do is serve him with a pay or Quit Notice. If you do, it will void your lease and he will only owe rent until he moves….. I would wait until he moves. Do your inspection and send him a letter of se. dpst disbursement to include any damages, unpaid rent, late fees, advertising cost, cleaning, etc. If $$$ is owed, state “payment is due within 15 days of receipt” and send it certified, return receipt. If he doesn’t make payment, file a claim in small claims. ----- IMPORTANT NOTICE: I received an email from ezlandlords asking me to stop including a blurb about Simp-List Software program. Denise S. believes I have “inundated” members with advertizing by doing so. For that reason, I will discontinue offering my opinion on this site. If you find my opinions helpful, check Simp-List.com. I’ll see if they’re interested in starting a Forum….. Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local and Tax Laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance

Posted by Bob R, CA on Friday, May 31, 2013