Lease Agreements: How a Landlord Can End a Lease Early
It’s a common problem: you rent your property, perhaps to move in with a partner, and you sign a contract with your tenant for up to 12 months. But after a couple of months, things are not working with your partner and you want to regain your place. What do you do for a living?
Assuming you’ve signed a secured short-term lease, as will almost always be the case, your rights are as follows: First, check to see if you have a termination clause in your lease. If so, this will allow either party to terminate the contract early, usually after 6 months. It is always advisable to insert a break clause in contracts of 12 months or more. If you don’t have a break-in clause, then you don’t have any legal right to end the lease early. However, it may be possible to reach an agreement with the tenant.
The lease is simply an agreement between the landlord and the tenant and it is possible to vary or terminate that agreement if both parties agree. So why would a tenant want to leave their home early if they don’t have to? It’s true, but you won’t know until you ask. It could be that the tenant expected to terminate the lease early, but was concerned that there was no legal right to do so. Maybe they are struggling with the rent, maybe the trip is longer than they thought. They may have put someone new in and want to move in with them. You have nothing to lose by getting close to them.
Even if the tenant is perfectly happy to stay, they might be willing to leave early if an incentive is offered. Missing that stain on the carpet, or maybe the burned cigarette on your couch? Or half a month’s rent free if they quit early? The lease is simply an agreement between you and can be modified if you both agree. That variation may include finishing it earlier. Most people are open to negotiation if you treat them with respect and explain your situation openly and honestly.
Therefore, if you are a landlord and find yourself in the situation of wanting to terminate a lease that still has a time to run, you should (a) check if there is a break clause that allows you to do this, (b) if not there is a break clause, approach the tenant and find out what his position is. Be honest and open and treat them fairly. And don’t forget to put any variations to the original lease terms in writing, signed by both parties.