PA: Ending previous lease with a new lease

[pixelrogue1]

What is the name of your state? PA

Historically if a tenant has asked to leave the lease prior to its natural renewal/end date, I simple work with them to find a new tenant. Once the new lease has been signed, the old lease ended.

An interesting topic bubbled up this year, where I had a prospective tenant approved and ready to go. I needed an exit date from the current tenants so we could have a start date for the new lease. By asking the current tenants for an exit date in writing so I could create the new lease for the new tenants, I essentially changed to effective end date of the original lease...a loophole if you were to the termination of the lease.

Turns out the approved me tenants flaked out and never signed, meanwhile the current tenants vacated by that new date. Apartment remained empty for months as a result.

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How have you dealt with similar loop holes in the past? How can you get a start date for a new lease without an end date of the existing lease without creating a loophole for an early lease termination?

Could there be an agreement (document the tenant and owner sign) that states if the prospective tenant does bot sign the lease, the original.lease dates remain in effect? So current tenant provides an exist date, but the exit date would only matter if the new lease is signed?

 

[Zigner]

What is the name of your state? PA

Historically if a tenant has asked to leave the lease prior to its natural renewal/end date, I simple work with them to find a new tenant. Once the new lease has been aigned, the old lease ended.

An interesting topic bubble up this year, where I had a prospective tenant approved and ready to go. I needed an exit date from the current tenants so we could have a start date for the new lease.

By asking the current tenants for an exit date in writing so I could create the new lease for the new tenants, I essentially changed to effective end date of the original lease.

Turns out the approved me tenants flaked out and never signed, meanwhile the current tenants vacated by that new date. Apartment remained empty for months as a result.

----

How have you dealt with similar loop holes in the past? How can you get a start date for a new lease without an end date of the existing lease without creating a loophole for an early lease termination?

Could there be an agreement (document the tenant and owner sign) that states if the prospective tenant does bot sign the lease, the original.lease dates remain in effect? So current tenant provides an exist date, but the exit date would only matter if the new lease is signed?

The logical solution would be to not sign a new lease until you know you can deliver the unit.

 

[FarmerJ]

If you supposedly re rent a unit with a signed lease and payments made to a new customer and current occupant doesn't vacate on time then you cannot deliver the unit according to the new lease you signed and risk being sued if you delay refunding all monies paid in advance . If its a replacement tenant who flakes out last minute and wont wont pay or sign then as said before start all over with a different replacement tenant ( totally empty unit is best )

 

[pixelrogue1]

The logical solution would be to not sign a new lease until you know you can deliver the unit.

Maybe the question wasn't quite clear. This isn't about no knowing when to delivery the unit. The question is about how to get a date from an existing tenant to vacate (so you can generate a new lease w/new tenants so the lease has a starting date) while protecting yourself in the even the prospective new tenant bails last minute.

 

[Zigner]

Maybe the question wasn't quite clear. This isn't about no knowing when to delivery the unit. The question is about how to get a date from an existing tenant to vacate (so you can generate a new lease w/new tenants so the lease has a starting date) while protecting yourself in the even the prospective new tenant bails last minute.

Maybe *I* wasn't clear. You can avoid having this problem crop up by making sure the prior tenant has actually vacated before re-leasing the unit. In other words, until they're actually out of the unit, you can be 100% sure that they'll actually be out of the unit by a certain date. Things happen.

Edit: Yes, that will work. Beyond that, you can really never 100% protect yourself. Ahhh, the joys of being a landlord.

 

[adjusterjack]

The other alternative: If a tenant wants to break his lease early, either say no or get enough money out of him for a lease breaking fee so that you don't have to look for a new tenant until after he's out.

If you haven't learned by now that tenants will walk all over you if you let them, then maybe you shouldn't be a landlord.

 

[quincy]

Maybe the question wasn't quite clear. This isn't about no knowing when to delivery the unit. The question is about how to get a date from an existing tenant to vacate (so you can generate a new lease w/new tenants so the lease has a starting date) while protecting yourself in the even the prospective new tenant bails last minute.

We request lease renewal commitments 3 months in advance of the lease expiration. And we allow a two week time period between leases to get the rental prepared for the next tenant.