Early Lease Termination vs Eviction

[concerned1977]

What is the name of your state (only U.S. law)? VA

Can you enforce (is it legal) an early lease termination clause if you are forced to evict a tenant due to a non-compliance or non-payment of rent?

i.e. Would it be legal to put this in the lease agreement:
"If the tenant is required to vacate the property due to non-payment or non-compliance with any of the provisions of this lease agreement the tenant will be subject to the Early Lease Termination Penalty Fee as described in this Lease Agreement."

 

[FarmerJ]

If a tenant violates a lease the easiest violation to prove is non payment , either a tenant has a reciept to back them up when they claim the rent is paid or they dont. ( if a tenant gives you cash it is very important for good business practice to issue a reciept on the spot) if the lease does not permit a tenant to change or modify or repair anything in the unit and you find a tenant has done just that and you want it to be a reason to end the lease your going to have to have proofs to back up your claim. If the lease says the unit is only for residential use and you find a tenant is running a auto repair from the garage you need enough proof that a court would agree with you. BTW your free to insist that not only the deposit and rent be paid in full and a written lease be signed before giving keys out but your free to restrict new tenant to paying that first rent and dep in cash if you wish or certified casher check from YOUR bank so its easier to verify the cashier check is good, but cash is best since it cannot bounce. If state law allows last months rent to be collected at the start your free to collect it too and if tenant renews when the time comes but the rent has gone up by say 25.00 your free to include in the renewal that the tenant must give you another 25.00 to add to the last months rent so it remains current.

 

[Gail in Georgia]

If your tenant is being terminated due to non-payment of rent, what makes you think this tenant will pay an Early Lease Termination Penalty Fee?

Where these type of fees come into play is if a tenant wishes to "buy" themselves out of a lease; i.e., leave a lease early after paying a penalty fee (typically one to two months rent) to be let out of the lease without fear of future financial reprisals from the landlord.

The one-two month rent fee gives the landlord some time to find new tenants for the unit without loss of rent.

Gail