tenant wants to break lease

[CraigSmith]

Can a tenant break a lease to move for work?

Since my tenant was wanting to break the lease 3 months early I suggested that I would be ok with that but it would cost him $600 out of his damage deposit to cover expenses as well as a lower priced rental market and to also cover some of the bills (if I don`t get another tenant). He said that he read on some website that a lease becomes null and void if he moves to a different city for work.

I have never heard of that before and I asked him to show me the documentation which he has not produced yet?

Has anyone heard of this before? Also, has anyone dealt with a tenant wanting to break a lease before and what actions are allowed by a landlord. They are good tenants and I want to be as fair as I can but I will be losing at least $600 by them breaking the lease. They have not sent me anything in writing.

Thanks

Craig

 

[lanedry77]

Hi Craig,

Where is the suite? What province?



David.

 

[Savard]

Where are you? In AB, you are owed the lease commitment.

If you choose to re-rent the premises during the term of the departing tenants lease, the tenant would only be on the hook for the delta, if you had to re-rent for less (plus reasonable expenses advertising etc.) If you re-rented for more than the departing tenant would not owe you for the value that is outstanding.

You may have to go to court to receive a judgement. This is really easy to do and only costs money on your side which you may receive from the judgement.

You than have to decide if the departing tenant has a will to pay debts.

 

[CraigSmith]

Thanks for the replies, My rental is in Vernon BC and my tenant wants to move to Alberta.

There are alot of places for rent on the market right now and alot of full houses for rent for cheap because people cannot carry a mortgage right now without work so I am forced to drop my rental price $150 per month.

Craig

 

[billf]

Hi,

Tell your tenant they can deduct the cost of breaking the lease from thier 2009 taxes, but they owe you till you rerent the unit or they sublet(if you agree) + advertising costs. I have even heard of some landlords charging for the km and time to do showings. I always tell my tenants that should they need to break the lease I will work with them but the costs are thiers to bear.

Bill F

 

[Anonymous]

Hi Craig,

It might be a good idea to add an addendum to your residential tenancy agreement that states this:

• Breaking lease term – If the Tenant terminates the tenancy before the end of the lease term, the Landlord would not return to the Tenant any portion of the damage/security deposit. This serves as a penalty to cover the costs of re-renting the premises.

In addition to this item, I add another 10 items addressing everything such as cleaning when they move out, pet policy, insurance recommendation, who does the yard work, you can`t put your old sofa in the lawn, etc... (basically no brainer stuff, but good to mention). I go over this addendum with the tenant and always have them initial the page.

I see your rental is in Vernon. I have two in Enderby and one in Armstrong.

Lee

 

[Thomas Beyer]

In theory he owes you 3 months of rent minus damage deposit (assuming place is clean).

Big fuss .. big anger .. lawsuits .. hard to collect .. hence: just keep the damage deposit and find a new tenant.