Tenant called and wants to break the lease...

I rent my condo to someone who moved in 2-1/2 months ago. He signed a one year lease. He called to say he wants to buy a house and get out of the lease. I said I'd read the lease agreement and get back to him. Looking at this very standard lease, there is no clause in the lease about breaking it. I have now learned this is something that could have been added prior to the lease being signed - but is now too late. So I call him back and tell him that there is nothing about breaking a lease in the agreement because that's what a lease is - a legal document that makes him responsible for the terms of the lease and protects me from him saying, "I'm moving out", and him from me saying, "Get out, I'm moving back in."

I want to be fair, so I told him I would be willing to consider a sub let - but only someone who would meet my approval. He would be responsible for the sub-tenant - collecting rent from them, and continung to pay me rent.

Is this the right way to handle it?

Additionally, I will be leaving the country for 6 months (in one week) and have turned over the responsibilty of managing the place to my very capable mom. Is this going to present any problems for me? Should I consider negotiating to shorten the lease to August when we return from our trip so we have a place to live?

Thanks!

Note: I'm in California and his lease ends November 2002.

[JETX]

I really can't answer what you should do, since there are numerous variables that we don't know, but I can offer the following possible solutions (and we haven't seen your lease):

1) Let him out of the lease without further rental obligation.
2) Allow a sublease (as you have) with him retaining full responsibility.
3) Have him pay a set number of months (3?), during which you will try to re-lease the unit. If you lease in less than 3 months, you repay his prepay. If more than the time, he would be released (or continued.... your call).
4) Force him to stay the entire lease duration.

In any decision you make, realize that a 'happy' former tenant is much better than a disgruntled current one. And, lets not forget that you are about to leave your mother with any problems that arise.

[Cvillecpm]

Very successful philisophy I have used is to task tenant to have their Realtor find a replacement tenant for them. Realtor is the one making the commission on the deal.

Lease should have wording to the effect that tenant can not assign or sublet during the term of the lease AND then you agree to "let them out" if/when they find replacement tenant that you approve. They should be providing you with executed applications after showing the property themselves....don't agree to re-rent for them as you have already spent time and energy to rent to them less than 3 months ago....don't get sucked into the tenant wanting to buy a house - this is not your problem.