Landlord Question and Answer Forum

I have a tenant that wants to sign his lease for another year, however he wants to include a 90 day termination provision. Do you recommend this? and does this mean that he can break his lease anytime he wants as long as he gives me a 90 day notice?

The ninety-day provision would depend on the verb-age of your lease. If you have a fixed term lease with a 90 day notice required to end the lease at the end of the term; than the tenant cannot break the lease at any time and would have to give 90 days notice before the end of the lease to vacate or the lease would either go on for month to month or for another term. However, if your verb-age reads that "at any time during the lease the tenant or landlord may give 90 days notice to vacate" than; either party can terminate with 90 days notice. My personal opinion, either way would work for me. I uses a 60 day notice. My tenants may vacate with 60 days notice - as I feel that I can re-rent within the 60 days. These days it is a bit tougher so perhaps 90 days is even better. The downfall is that you never know what to expect and with a fixed term lease, there is more control! Another point: Make sure that your lease contains a phrase that your tenant agrees to permit showings !

Posted by Denise S, PA on Thursday, October 8, 2009