Tenant changes mind on early terminating...

Good Landlord · Oct 8th, 2008, 09:53 AM

Hello,

I am a landlord in Maryland. In June/July of 2008, my tenant requested to early terminate their lease. I responded with two options:

Option One:
Continue to stay at the Waldorf property until January 20th, 2009 paying $$$ per month:

In the meantime, I will place the house on the market for at least the remainder months at the same rental price. If the rental property is rented out before your lease term ends, your lease will terminate. You also have the option of looking for a tenant that will accept the same terms as your contract.

Option Two:
End the lease agreement by paying the remaining balance, $$$ of the lease agreement and forfeiting the security deposit of $$$$. (Please refer to “Early Termination of Contract” page four (4), section twenty-four (24) of the lease agreement).

The tenant choose to go with option #1.

I now have found another tenant that wants to rent the home out starting in December. I notified the tenants about the new tenants and also told them that they can leave at the end of this month if the wished...They replied back to me stating they want to stay for the remainder of the lease.

Question: Do I, the landlord, hold the right to early terminate their lease based on their request do so or do they hold the right to continue on with their lease?

Oct 9th, 2008, 10:16 AM

Did they make their request to terminate in writing? If not, you can't hold them to a verbal termination agreement. Always get all agreements in writing.

BTW - Choice #2 is illegal in your state. Maryland state law says you have a legal obligation to make reasonable attempts to re-rent the property and you may only charge them rent until it is re-rented. If they paid off the lease, and you then re-rented it, they would be due a refund of the duplicate rent paid. You also cannot have a tenant forfeit a deposit, but must account for it with proper itemized statement within 30 days of vacating. You can charge them for advertising, agent fees, unpaid utility bills you would be held responsible for, unpaid rent until re-rented, and any other unreimbursed expenses, along with damages to the unit if they break a lease.

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Oct 8th, 2008, 09:53 AM	#1
Good Landlord Junior Member Last Online: Oct 8th, 2008 02:16 PM Join Date: May 2008 Posts: 2	Tenant changes mind on early terminating... Hello, I am a landlord in Maryland. In June/July of 2008, my tenant requested to early terminate their lease. I responded with two options: Option One: Continue to stay at the Waldorf property until January 20th, 2009 paying $$$ per month: In the meantime, I will place the house on the market for at least the remainder months at the same rental price. If the rental property is rented out before your lease term ends, your lease will terminate. You also have the option of looking for a tenant that will accept the same terms as your contract. Option Two: End the lease agreement by paying the remaining balance, $$$ of the lease agreement and forfeiting the security deposit of $$$$. (Please refer to “Early Termination of Contract” page four (4), section twenty-four (24) of the lease agreement). The tenant choose to go with option #1. I now have found another tenant that wants to rent the home out starting in December. I notified the tenants about the new tenants and also told them that they can leave at the end of this month if the wished...They replied back to me stating they want to stay for the remainder of the lease. Question: Do I, the landlord, hold the right to early terminate their lease based on their request do so or do they hold the right to continue on with their lease?

Oct 9th, 2008, 10:16 AM	#2
Unregistered Posts: n/a	Re: Tenant changes mind on early terminating... Did they make their request to terminate in writing? If not, you can't hold them to a verbal termination agreement. Always get all agreements in writing. BTW - Choice #2 is illegal in your state. Maryland state law says you have a legal obligation to make reasonable attempts to re-rent the property and you may only charge them rent until it is re-rented. If they paid off the lease, and you then re-rented it, they would be due a refund of the duplicate rent paid. You also cannot have a tenant forfeit a deposit, but must account for it with proper itemized statement within 30 days of vacating. You can charge them for advertising, agent fees, unpaid utility bills you would be held responsible for, unpaid rent until re-rented, and any other unreimbursed expenses, along with damages to the unit if they break a lease.