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landlord wants to terminate lease because she wants to move back to her house...

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brettnow

Junior Member
What is the name of your state (only U.S. law)? colorado
I own a house which I have rented and just signed a lease for another year ending in June 2009. I decided that I don't want to continue living where I am and would like to move back to my house sooner than June, actually, this fall. The tenants are perfect and the best I could ever want.
Waht would the repercussions be for me, breaking the lease? The tenants surely do not want to move; they told me they love the place and this is their second year there.
 


ecmst12

Senior Member
If they are good tenants, why would you want to screw them over? If they're not breaking the lease, you can't force them out. You can offer to BUY them out, offer them some money in exchange for moving early. Enough to cover their moving expenses and deposit needed for the new place. But if they say no, you'll just have to wait.
 

legalquest44

Junior Member
Unless the tenants are agreeable to moving out early, the only way to get them out is to evict them and if they've paying rent on time and not causing any other problems, you would probably fail if you tried to evict them. You'd be better off trying to work out some kind of equitable arrangement with them - maybe a couple of months of free rent or some other incentive to get them to leave early.
 

Alaska landlord

Senior Member
Unless the tenants are agreeable to moving out early, the only way to get them out is to evict them and if they've paying rent on time and not causing any other problems, you would probably fail if you tried to evict them. You'd be better off trying to work out some kind of equitable arrangement with them - maybe a couple of months of free rent or some other incentive to get them to leave early.
Good idea but with slight variation. OP should not put herself in a situation where she can be screwed by her perfect tenants. LL should offer the equivalent of 2 months rent in the form of a cashiers check to be given to tenants at the moment her tenants vacate, house inspected and keys are turned in. SD at that time may also serve as an incentive. Other wise, OP may find that after two months her tenants will still be there with the perfect excuse as to why they can't just leave at this time..
 

brettnow

Junior Member
All good advice

Thanks for the advice; I have not heard a reply from them yet since asking them to vacate by Nov. 1. If they are not agreeable then I may offer them some money to cover moving and definitely their security deposit.
 

JETX

Senior Member
You've gotten some good advice... and some absolutely INCORRECT advice.

First, you have no right to force them to move. If they are in breach of the lease terms, you can ASK them to move and if they don't, then you can file an eviction lawsuit and ask the court to order them out. However, absent an actual breach on their part, your 'eviction' won't work.

And yes, you can certainly negotiate a buyout of their tenancy rights (lease), but the security deposit is NOT an 'incentive' (as suggested). Absent damages, you are REQUIRED to return it. Personally, I doubt that the offer of two months rent will do much.... considering the costs of moving, relocating utility's, finding another 'home', etc.
You can certainly start at two months... but I think it might end up somewhere closer to six months.... or more.
 

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