Tenants Want to Break Lease

Q.I have a rental property that I put a tenant in six months ago.  We agreed to a one- year lease and everything sounded fine.  My problem is that now my tenant wants to move.  He says he’s been transferred to another job location.  Can I hold him to the original lease agreement and charge him the remaining six months rent?

A. This situation comes up occasionally in my business and this is how I handle it.  First, when I sign up the tenant, I have a clause that specifies what will happen if the lease is broken by the tenant.  Both the tenant and the landlord agree to this in the beginning.  By discussing this in the beginning with your tenant, it eliminates many of the frustrations and confusion.  My tenants sign a clause that says if they break the lease, they will be responsible for any extra fees incurred by the landlord as a result of extra management fees, advertising and any lost days rent.  The law says that you must show diligence as a landlord to get the place re-rented.  To use this period, for instance, to take your time remodeling and charge the tenant rent, would not be showing diligence in obtaining another tenant.  It’s not a perfect world and things happen.  Sometimes all we can do is try to do some preventative work up front whenever possible to minimize damages.  Also, be careful not to put too many restrictions in your lease.  Many things that you would like to happen are not legally enforceable and if your lease is too long and too wordy, it may contain ambiguous clauses and a judge may find it too confusing should your situation end up in court.

If you have any questions concerning your rental property, please call my office anytime at (805) 474-0100. I always enjoy hearing from you! Nancy Puder is the property manager and owner of Signature Properties, 124 S. Halcyon Rd #D, Arroyo Grande, CA 93420. Service areas are The Five Cities/Beach areas, SLO, Nipomo and Santa Maria.