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LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34884
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I have a question regarding early breaking of Rental

Customer Question

Hi, I have a question regarding early breaking of Rental Agreement, we signed with our tenants Rental Agreement (renewal) on February 12, 2016 for one year until February 12, 2017 - this agreement is intended to be 12 month/one year lease. Just yesterday they informed me in person, about their decision of termination of tenancy, they will be leaving the property on August 1, 2016. What would be their responsibilities/rights in this case? At the sam time what are our responsibilities / rights in this situation? Per our rental agreement :"TENANT agrees that if TENANT vacates Premises before lease term is up, in addition to any obligation established by paragraph 11, Tenant shall also pay for the following charges: advertising, re-keying of locks, painting costs necessary to ready Premises for re-rental any lost rents, and re-leasing fee up to $1,600.00. These fees will be deducted from tenant’s security deposit." Should we enforce and implement this rule? Thanks
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 4 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You do have a right to enforce the terms of the lease agreement. Your obligation as the landlord is to seek to get the rental turned around as soon as practical and rented out. You may legally charge the breaching tenant with the expenses of releasing as well as cleaning and painting (if the need for paint is due to something other than normal wear and tear) and deduct that from the security deposit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 4 months ago.

Good morning,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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