[CFZD]

Hello everyone, I need help on if my tenant is breaking the one year lease.
He started to rent in June last year, and now it's 8 months and he wants to break the lease.
There is not any abandon clause in the rental contract, so by law what I should do?
Thanks, many many thanks.

[joypulv]

As soon as he leaves owing future months rent you can take him to small claims court, and scurry to find another tenant, because getting a judgment is easy and getting paid isn't. When you have another paying tenant, you can't collect any overlapping rent from the first party, however. Many landlords don't bother with suing because of the time and filing fee, which runs around $50, and is often a lost cause. But you can tell him that you will file, get the judgment (by default if he doesn't show), and it will be against him on the record.

(If he stopped paying while still living there, you would proceed to evict in a different process.)

[ScottGem]

Tell him that he has a lease and is responsible for that lease. If you are willing, you can offer him a buyout, usually 2 months rental.

If he refuses and abandons the property, you get a new tenant then file suit against him for the balance of the unpaid rent and any damages over and above the security deposit. Be sure and send him an accounting of how you used the security deposit within the legal time frame.

[CFZD]

In the lease, I didn't not mention terms on early termination. So if he breaks the lease, he needs to pay what ever is left, which is 4 months, right?

Should he also give a certain days of notice? I didn't mention that either.

Please assist! Thank YOU ALL!

[ScottGem]

Yes he is responsible for the balance of the rent, but you can't charge him for 4 months until those 4 months are up. And during those 4 months you are required to make a good faith effort to try and find a new tenant. If you don't, then he may be able to get out of paying at least part of the balance.

And yes he is required to give you proper notice. The amount of notice depends on the lease terms and local law. I believe a 30 day notice would be required for NC. But it's a moot point if he vacates and you can replace him sooner.

If he turns of the keys or gives you notice that he has vacated, you will have to follow the law for informing him how you used his deposit. You then wait until the lease expires or you find a replacement and send him a bill for unpaid rent. If he doesn't pay, you file suit.

[Fr_Chuck]

You can not give a notice to do a illegal act ( not criminal) if you accept notice, then basically you are agree to allow him to move. You have to refuse notice and inform them, in writing, that they have a lease and will be required to uphold the terms of the lease.

Now with that said, are they nice people, do you mind letting them out? You can of course always just let them out.

Or you can take their notice, one months payment and then find someone new.

[ScottGem]

Chuck makes a good point. Yes he is required to give you notice, but no, you don't have to accept it. The main purpose of notice is to know when you can give the unit to another tenant.

If he gives you notice, I would respond in writing, that the lease does not have an early termination clause. So they are responsible for the balance of the lease. You can tell them that, if they abandon the property, you will try to find a new tenant. However, they will be responsible for the rent until you are able to find a new tenant or the lease expires.

[CFZD]

I want to tell all of you that "THANK YOU SO MUCH!"
I took your advice and emailed my renter. He will now stay. :)

[ScottGem]

Thanks for the update