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Dumb question about rentals

Anonymous
Posted by Anonymous
  • 8 Replies
I know if you are renting and you get orders you can break the lease due to pcs. But if you are the owner and you pcs back to the area can you break the lease with your tenants and move back into your own home?
Posted by Anonymous on Aug. 13, 2014 at 5:23 PM
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Replies (1-8):
cocoroo
by Coco on Aug. 13, 2014 at 5:37 PM
I don't think so. I would think you can only do it if it is a month to month, or the end of the else's term.
Molimomma
by Bronze Member on Aug. 13, 2014 at 6:00 PM

I am almost positive you can't terminate their lease early because that would essentially be an eviction. You can choose not to renew their lease but I don't think you can terminate it early unless as the previous poster stated, they are month-to-month.

jas_momof2
by アニメの雌犬 on Aug. 13, 2014 at 6:10 PM

not legally

mom2jessnky
by Dedi on Aug. 13, 2014 at 7:25 PM

No. I guess you could offer to let them out of their lease early, but if they want to stick around until the end there's not much legally that you can do about it.

gunsgirl
by Silver Member on Aug. 13, 2014 at 8:08 PM

no, not legally. Unfortunately tenants in all states have what is called "possessory rights". What this means is they cannot be evicted without justified cause,  like non payment of rent, illegal activities ect.

you could ask to buy out the remaining lease- but not all states allow this. In FL it is legal to do and an owner and tenant come to a mutual agreement on a buy out amount- this usually equals to the rent amount for the remainder of the lease, or a flat rate.

We bought out tenants when we decided to sell, they had 4 months left on thier lease, thier rent was 800 a month we paid them 2500 dollars to vacate in 30 days. this helped them cover the costs of moving into a new place and the cost of a rental vehicle and packing material, we sold the home 3 months later for 18,000 above asking price. It was well worth the costs to pay to have them move.

 

KateHorrell
by Member on Aug. 14, 2014 at 5:26 AM

Generally no, but you need to read the lease you signed with the tenants and the state law.  Occasionally, a lease will have a provision for your situation, but it is very unusual to have AND it is very unusual for a tenant to agree to that provision.

It doesn't hurt to ask them about their plans.  If you don't ask, you'll never know their situation. 

twinkersmom
by Bronze Member on Aug. 14, 2014 at 2:39 PM

That's not a dumb question. I am glad that you asked this. We are tenants and landlords. Although we are not going back to our house for another few years, this was good info for future reference.

darbyakeep45
by Darby on Aug. 14, 2014 at 2:59 PM

 Legally, no.  But you can ask them to move out early...it's their choice, and you can't make them move out early.

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