Form for early leas termination?

[LocalHero]

I own a few rentals and have tenants who wish to break their 2-yr lease a couple of months early as they have a contract on a house.

They're ok tenants and I've told them I'm ok with early termination as long as I can get the place rented without loss of rent. Normally I'd start advertising it two months before the hoped for rental date but they have just told me they're hoping to be out by April 30.

I'm looking for an official form that will document an early termination agreement or maybe better an amendment to the original lease which specifies a new end date for the lease. I would think an amendment Could leave all the original lease terms in effect with exception of the termination date without having to spell out the whole lease terms again.

Is there such a form/amendment or should I just write it out and get signatures? This is in Charleston, SC.

Thanks,
John

 

[Banned_Princess]

I own a few rentals and have tenants who wish to break their 2-yr lease a couple of months early as they have a contract on a house.

They're ok tenants and I've told them I'm ok with early termination as long as I can get the place rented without loss of rent. Normally I'd start advertising it two months before the hoped for rental date but they have just told me they're hoping to be out by April 30.

I'm looking for an official form that will document an early termination agreement or maybe better an amendment to the original lease which specifies a new end date for the lease. I would think an amendment Could leave all the original lease terms in effect with exception of the termination date without having to spell out the whole lease terms again.

Is there such a form/amendment or should I just write it out and get signatures? This is in Charleston, SC.

Thanks,
John

if you are letting your tenants out early, you don't necessarily have to put anything in writing.

if you really must, a quick notice that they requested and you have agreed to end the tenancy early, and tenant will move out on such and such a date.

sign and copy.

 

[LocalHero]

I would think I definitely need something in writing. If I sign a lease with a new tenant without getting a release from the current tenants, I would in effect be leasing the house out to two people at once. If the current tenant's house purchase falls thru and they suddenly decide they need to stay, it could be ugly.

I suppose I could just write it up clearly and get signed copies, but I thought there's probably at least an official lease amendment form.

 

[Zigner]

I would think I definitely need something in writing. If I sign a lease with a new tenant without getting a release from the current tenants, I would in effect be leasing the house out to two people at once. If the current tenant's house purchase falls thru and they suddenly decide they need to stay, it could be ugly.

I suppose I could just write it up clearly and get signed copies, but I thought there's probably at least an official lease amendment form.

Then do as suggested - it doesn't need to be some super-fancy form full of legalese.

ETA: I WOULD like to add that the scenario you are worried about could STILL happen. You would then be stuck trying to evict your current tenant after already signing on a new one.

 

[LocalHero]

ETA: I WOULD like to add that the scenario you are worried about could STILL happen. You would then be stuck trying to evict your current tenant after already signing on a new one.

Yes, and that too would be ugly but at least I wouldn't be guilty of renting out to two different tenants at the same time.
As long as I have the proper agreements signed, I think the current tenants would understand their legal risk in trying to stay past the new date.

 

[Gail in Georgia]

The site The Landlord Protection Agency ® ~ Free Rental Forms, Credit Reports, Rental Agreement, Landlord Tenant Law, Eviction Attorney has a number of forms; some of them free, some you can purchase at minimal cost.

You will likely find what you are looking for there.

Gail

 

[LocalHero]

Thanks for the help and thoughts. I found a simple free version online.

Lease Amendment Form - Free Amendment to Lease Agreement

There are more complicated versions out there but I don't think I need more than the simple one-pager.

John

 

[FarmerJ]

Seriously though do not promise that unit to another replacement tenant until its empty No new leases with set move in dates signed until empty , closings can get messed up and you could find your self in a spot where you have A who wont move or doesnt want to move out by X date and B who you promised via a new lease a move in date and not being able to deliver.

 

[LocalHero]

Seriously though do not promise that unit to another replacement tenant until its empty No new leases with set move in dates signed until empty , closings can get messed up and you could find your self in a spot where you have A who wont move or doesnt want to move out by X date and B who you promised via a new lease a move in date and not being able to deliver.

Do you really think so? I'm thinking that that automatically costs me a month's rent. I would think that if the lease has ended and the tenants refuse to leave, it's no longer a case of eviction but rather of trespassing and I would be no more liable than if a squatter moved in overnight and I had to call the police. In fact, I'd think the new tenant could call the police if they wanted as it would be their space that is being occupied illegally.

The current tenants are actually good people (I'm sorry to see them go) and I doubt they'd put themselves in a situation like that.

What I've tried to do in the past (and it's surprising how often it works out) is find out if the outgoing tenant can leave a week early. If so, I'll give them that much's worth of rent back and have a week to go over the house and correct anything that needs attention.
They're usually thrilled to get a week's rent returned and I can inspect the place while empty and often return their deposit before their new lease/mortagage starts.
For me it means it's only empty for a week and that's plenty of time to spruce a place up if it's not been damaged in some way.

In this case, the current tenant's closing is scheduled for April 15 so if all goes well there should be a week in there to work with.

 

[Banned_Princess]

Do you really think so? I'm thinking that that automatically costs me a month's rent. I would think that if the lease has ended and the tenants refuse to leave, it's no longer a case of eviction but rather of trespassing and I would be no more liable than if a squatter moved in overnight and I had to call the police.

no, if a tenant stays past their move out date its called hold over, not tresspassing. you still would need to bring these tenants to court to have them evicted, anything short of that is illegal.

how long have you been a landlord? haveyou ever even read your states guidelines of LL tenant law?

http://www.scjustice.org/Brochures/Housing/South Carolina's Landlord and Tenant Law.pdf

In fact, I'd think the new tenant could call the police if they wanted as it would be their space that is being occupied illegally.

no, the new tennant cant move in while the last tennant is still there.

you on the other hand could be sued for not delivering the premisis to the new tenants on time, old tennant has no liability here.

The current tenants are actually good people (I'm sorry to see them go) and I doubt they'd put themselves in a situation like that.

still, better safe then sorry...

What I've tried to do in the past (and it's surprising how often it works out) is find out if the outgoing tenant can leave a week early. If so, I'll give them that much's worth of rent back and have a week to go over the house and correct anything that needs attention.

ok.

They're usually thrilled to get a week's rent returned and I can inspect the place while empty and often return their deposit before their new lease/mortagage starts.
For me it means it's only empty for a week and that's plenty of time to spruce a place up if it's not been damaged in some way.

ok...

In this case, the current tenant's closing is scheduled for April 15 so if all goes well there should be a week in there to work with.

ok, I suggest you read your states landlord tenant laws linked above, because you are looking for troubble the way you are thinking.

 

[LocalHero]

no, if a tenant stays past their move out date its called hold over, not tresspassing. you still would need to bring these tenants to court to have them evicted, anything short of that is illegal.

how long have you been a landlord? haveyou ever even read your states guidelines of LL tenant law?




no, the new tennant cant move in while the last tennant is still there.

you on the other hand could be sued for not delivering the premisis to the new tenants on time, old tennant has no liability here.

Wait. You're saying that if the old tenants refuse to leave when their lease is up that they have no liability? I find that hard to believe. Usually in law, if one person's illegal actions cause another person to suffer a loss, the first person is liable in some way.

I've been a landlord for 10yrs. I've had to evict a tenant once but have never had any problems other than that.

 

[Banned_Princess]

Wait. You're saying that if the old tenants refuse to leave when their lease is up that they have no liability?

yes, they would need to pay rent. thats it, without a court order, there is nothing you can do to put these tenants out for ANY reason.

I find that hard to believe. Usually in law, if one person's illegal actions cause another person to suffer a loss, the first person is liable in some way.

yes, liable for the loss, in this case rent for that month, which is just rent...

if you do not want to accept their rent, and want them to move for whatever reason, you need to send a notice, if they continue to stay past the "due date" you must go to court for them to be removed from he property.

I've been a landlord for 10yrs. I've had to evict a tenant once but have never had any problems other than that.

then I find it hard to believe you have been renting propertys for ten years and dont know even the most basic law, which is illegal /self eviction methods.

 

[LocalHero]

yes, they would need to pay rent. thats it, without a court order, there is nothing you can do to put these tenants out for ANY reason.

This makes no sense. Why would any tenant choose to leave a property with favorable lease terms if they didn't have to? How could a landlord ever raise the rent on a tenant if the landlord had no power to make the tenant vacate at the end of an agreed upon lease?

I understand not being able to put a tenant out without a court order while an existing lease is intact, but once a lease ends to both party's satisfaction, how could the tenant have any claim to the property.

yes, liable for the loss, in this case rent for that month, which is just rent...

if you do not want to accept their rent, and want them to move for whatever reason, you need to send a notice, if they continue to stay past the "due date" you must go to court for them to be removed from he property.

I can see how if they refused to move, I might have to go to court to prove that the lease had ended and that they were essentially "squatting". Still, they would not have a right to stay past the end of the lease. The lease is a contract and has an end date for a reason

This is from the standard SC lease form I use:

7. POSSESSION. If there is a failure to deliver possession of the premises at the commencement of this lease, the monthly rental provided for shall be abated pro-rata on a daily basis and shall not be due until occupancy is available. The tenant; however, may notify the Landlord upon five- (5) days written notice that he elects to terminate the lease for failure to deliver the premise. In such case, the Landlord shall return all prepaid rent and security deposit.


That suggests that I would not be liable for anything more than the rent for the undelivered portion of the lease term and might be the reason the old tenants would not be liable for anything more as well. However, if I were sued for greater loss, I would in turn sue the tenants who'd refused to leave.

then I find it hard to believe you have been renting propertys for ten years and dont know even the most basic law, which is illegal /self eviction methods.

Sounds like you're on a bit of a high horse. I think there are plenty of landlords who know no more about lease law than what they've had to deal with personally. When I had to evict a tenant for non-payment of rent, I learned the proper procedure before doing so. I would do the same if needed in this case.

 

[Banned_Princess]

This makes no sense. Why would any tenant choose to leave a property with favorable lease terms if they didn't have to?

well, while the lease is in effect... its kinda the point of a written lease...

your lease should spell out how many days written notice either side has to give to terminate the tenancy at the end of the lease term, or alternitively, the lease might auto renew or converts to a month to month. what happens at the end of a term, really depends on what the lease says.

besides you dont have to offer them a new lease if their old one ran out if you dont want to, as long as the lease expires you just must give the tenants notice of your intention to sever the tenancy on such and such a date...

How could a landlord ever raise the rent on a tenant if the landlord had no power to make the tenant vacate at the end of an agreed upon lease?

hello NOTICES. legal notice. 30 day notice, 5 day notice, no notice. depending on the change you want to make, and whats in the lease.

I understand not being able to put a tenant out without a court order while an existing lease is intact, but once a lease ends to both party's satisfaction, how could the tenant have any claim to the property.

because he she they live(s) there.

if you gave apropreate notice, and dont accept rent outside of the lease, and they dont move, you have to sue them to physically removed.

or you accept money (rent) outside of the lease, you have just accepted a month to month tenant that gets 30 days notice to vacate.

I can see how if they refused to move, I might have to go to court to prove that the lease had ended and that they were essentially "squatting"

not squatting, holding over.

. Still, they would not have a right to stay past the end of the lease. The lease is a contract and has an end date for a reason

then your specific lease should make it clear that the lease will not be renewed and you expect them to be moved out on or before the experation of the lease, unless otherwise agreed in writing.

This is from the standard SC lease form I use:

7. POSSESSION. If there is a failure to deliver possession of the premises at the commencement of this lease, the monthly rental provided for shall be abated pro-rata on a daily basis and shall not be due until occupancy is available. The tenant; however, may notify the Landlord upon five- (5) days written notice that he elects to terminate the lease for failure to deliver the premise. In such case, the Landlord shall return all prepaid rent and security deposit.

ok, so if the old tenants arent out by the first day of this lease, in 5 days you have to return the rent and security, and legal fees, (for having broken the lease) and damages to the new tenant. (motel charges, additional moving charges...)

That suggests that I would not be liable for anything more than the rent for the undelivered portion of the lease term and might be the reason the old tenants would not be liable for anything more as well.

well, that is open for debate, and im not in the mood to debate this, but rest assured, someone else might.

However, if I were sued for greater loss, I would in turn sue the tenants who'd refused to leave.

uhhhh. yes, you would HAVE to sue them!!! you would have to sue him for possesion of the property. rent, damages to property...

you have to show you gave tenants proper written notice per the lease terms.

Sounds like you're on a bit of a high horse

.

sounds like you have never even considered that someone might stay past the experatgion of the lease.,

I think there are plenty of landlords who know no more about lease law than what they've had to deal with personally. When I had to evict a tenant for non-payment of rent, I learned the proper procedure before doing so. I would do the same if needed in this case.

yes, ok.

Sorry for the spelling errors, my spell check is missing.

 

[LocalHero]

well, while the lease is in effect... its kinda the point of a written lease...

your lease should spell out how many days written notice either side has to give to terminate the tenancy at the end of the lease term, or alternitively, the lease might auto renew or converts to a month to month. what happens at the end of a term, really depends on what the lease says.

besides you dont have to offer them a new lease if their old one ran out if you dont want to, as long as the lease expires you just must give the tenants notice of your intention to sever the tenancy on such and such a date...





hello NOTICES. legal notice. 30 day notice, 5 day notice, no notice. depending on the change you want to make, and whats in the lease.

Actually the standard lease does specify when the tenant has to vacate. This is a line from the "Term" section:

Tenant agrees to vacate the property on the ending date, leaving it clean and in good condition, free of tenant’s personal property, garbage and other waste and to return the keys to the Landlord.

because he she they live(s) there.

Would the same apply to a squatter who'd moved in a week before? They live there too. How long does one have to live in a place before they are not trespassing?

if you gave apropreate notice, and dont accept rent outside of the lease, and they dont move, you have to sue them to physically removed.

or you accept money (rent) outside of the lease, you have just accepted a month to month tenant that gets 30 days notice to vacate.

I understand (and always have) that if I accept rent past the original lease term that the term then reverts to month to month. I have never done that.
As for appropriate notice, it seems the above-quoted line from the original lease should do, yes? When they sign the lease they agree to vacate on the final day. I don't see how that can get any clearer.

not squatting, holding over.

I put squatting in quotes because I knew there would be some other term. I know they're not exactly the same but in both cases a tenant would be occupying a premises when they have no written contract that gives them right to. This is in context of the above-quoted line from the original lease.

then your specific lease should make it clear that the lease will not be renewed and you expect them to be moved out on or before the experation of the lease, unless otherwise agreed in writing.

Again, I would think that line does that.

ok, so if the old tenants arent out by the first day of this lease, in 5 days you have to return the rent and security, and legal fees, (for having broken the lease) and damages to the new tenant. (motel charges, additional moving charges...)

well, that is open for debate, and im not in the mood to debate this, but rest assured, someone else might.

uhhhh. yes, you would HAVE to sue them!!! you would have to sue him for possesion of the property. rent, damages to property...

This I understand. I could not have them arrested on the morning after their lease ends, mainly because I'd have to prove that they no longer have rights to the property. However I would be suing them for any losses I incurred including any due to lawsuit from the incoming tenant.
There's no doubt that it would get ugly and I would never want to go there. That's why I started this thread, so I could document that they agreed to end the lease and therefore their right to possession at a certain date.

It's obvious that they COULD stay but they couldn't legally stay and with documentation, I think I would win my day in court. And yes, I'm well aware that I don't want to mess with court, but neither do the tenants. I think with a signed paper saying they will vacate by a certain date, they would realize that they have a legal obligation to do so and there would be repercussions if they didn't.

you have to show you gave tenants proper written notice per the lease terms.

.

sounds like you have never even considered that someone might stay past the experatgion of the lease.,

True. I have only had problems with tenants leaving unannounced and never to be found. I now collect 1st month, last month and security deposit up front.

yes, ok.

Sorry for the spelling errors, my spell check is missing.

I don't tend to be a spelling ****...