Is there any way to terminate a lease with tenant when they don't want to?

[quincy]

How do I give them a heads up without telling them I will be giving them notice on the 1st then?

By talking to them without serving a notice to quit.

 

[Nipin77301]

By talking to them without serving a notice to quit.

Talking to them is what I meant by unofficial notice.

 

[quincy]

Talking to them is what I meant by unofficial notice.

Yes. You can tell the new tenants that you are looking to end their tenancy after the first month so the old tenants can return.

You can also, once again, offer them, with apologies, a “sweetened” release from their lease (e.g., X amount of money in exchange for terminating the lease).

 

[Zigner]

How do I give them a heads up without telling them I will be giving them notice on the 1st then?

We aren't in the situation and don't really have a feel to how the communications have been with your new tenants thus far. Based on what you've posted, and keep in mind that this is just how *I* *might* do it, I might mention that I only expect to be able to rent to them for one month. You don't have to go into the specific steps you intend to take.

Are you sure that nothing in your lease mentions a specific term? It's strange that you use the word "lease" for a month-to-month rental agreement. Not unheard of, just strange.

 

[quincy]

We aren't in the situation and don't really have a feel to how the communications have been with your new tenants thus far. Based on what you've posted, and keep in mind that this is just how *I* *might* do it, I might mention that I only expect to be able to rent to them for one month. You don't have to go into the specific steps you intend to take.

Are you sure that nothing in your lease mentions a specific term? It's strange that you use the word "lease" for a month-to-month rental agreement. Not unheard of, just strange.

“Rental agreement” instead of “lease” is how month-to-month rentals are typically referred.

edit: That sentence is awful. Haha.

 

[Bali Hai Again]

The LL screwed up. Kicking the new tenants out after a month and then bringing back the old tenants is underhanded and stinks, whether legal or not.

 

[stealth2]

Honestly, from a layman's perspective? You're a terrible landlord. If you are so okay with not having tenants for a few months, why were you in such a rush to relist/rerent the place?

 

[quincy]

Honestly, from a layman's perspective? You're a terrible landlord. If you are so okay with not having tenants for a few months, why were you in such a rush to relist/rerent the place?

Nipin needs to start looking at him/herself as a landlord, and at the tenants as tenants and not as friends. As landlord, Nipin should have enforced the lease terms and collected from the old tenants the remainder of the rent due through the end of their lease (September) or asked the old tenants to find a suitable subletter to take over their lease.

A rapid re-lease of a rental is also not typical or ideal, as rentals should be thoroughly cleaned between tenant occupancies and any damages caused by the previous tenant repaired.

edit: Apologies for any and all grammatical errors. My brain seems to have gone on an early summer vacation.

 

[LdiJ]

By talking to them without serving a notice to quit.

I think that is what he was asking...

If it was ok to unofficially tell them that he was going to give them notice on the first to move out in 30 days. There is nothing wrong with doing that. In fact, it might make them change their mind about wanting 6 months of rent from the OP if they know that they are going to have to move out in 30 days anyway.

 

[adjusterjack]

I was advised to start off new tenants with short term month to month leases just in case.

"Short term" implies duration. Does the new tenant's "rental agreement" have a start date and an end date?

That's something I have already asked and hasn't been answered.

 

[Nipin77301]

"Short term" implies duration. Does the new tenant's "rental agreement" have a start date and an end date?

That's something I have already asked and hasn't been answered.

No, just a start date.

 

[quincy]

No, just a start date.

Does the lease automatically renew each month without a tenant notice to terminate the lease?

 

[adjusterjack]

No, just a start date.

So, on my move-in date of July 1, when I show up with my family and a truckload of my possessions and hand you a month's rent you would hand me notice that my tenancy is terminated July 31?

I would sue your ass in a heartbeat.

 

[STEPHAN]

The best way to solve this is to buy them out.

 

[Nipin77301]

I just want to say thank you to you all for the help. I’ve discussed this with both parties and the situation has been resolved.