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    evinparis's Avatar
    evinparis Posts: 1, Reputation: 1
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    #1

    Mar 15, 2011, 06:34 PM
    Looking to add a cancellation or early termination clause to a lease
    I am a landlord in FL, renting an apt during the winter to an elderly couple fronm up north...
    Due to their age and any unforseen circumstances, I need to put in an early cancellation clause in the lease in case they can't take residence next year as scheduled or have to terminate early due to illness or death.

    I'm having difficulty finding a clause addressing this. Anyone have some verbiage that ma help?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 15, 2011, 06:38 PM

    You can not add a clause to their lease until it comes up for renewal. ** unless they will agree to it.

    But if there is a lease, they are bound for it, and can only terminate the lease for those reasons allowed in the lease.

    If they both do die, you can not force them to keep paying.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 15, 2011, 06:42 PM

    You can't change a lease that is currently in effect without the consent of your tenants.

    An early termination clause is generally for the protection of the tenant not the landlord. I'm wondering why you think you need one?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Mar 15, 2011, 06:46 PM
    You don't need to state reasons. Just have 2 or 3 dates after which an increasing % of their deposit is not refundable.
    If these are people you care about, add that if you do find a renter after they cancel, you will only take a small service charge for advertising.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 15, 2011, 06:51 PM
    Quote Originally Posted by joypulv View Post
    Just have 2 or 3 dates after which an increasing % of their deposit is not refundable.
    I doubt if that would be legal. A deposit is to be used to protect the landlord against losses. A landlord can always use the deposit towards unpaid rentals.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Mar 15, 2011, 07:16 PM
    I was thinking of this as a 'seasonal rental' although I don't have a legal definition. Any place I've looked at in FL during winter months had deposits required just to hold the rental during the height of the season, and fees taken out if canceled. If it's illegal, a lot of property owners are breaking laws.

    I didn't address the problem of the renters having to break the lease during the time already there. Generally landlords really want the rent for the entire term, because the places are often empty the rest of the year.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 15, 2011, 07:27 PM

    If you are referring to a deposit to hold the rental that might already be non-refundable.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Mar 15, 2011, 09:01 PM
    Quote Originally Posted by Fr_Chuck View Post
    ...
    If they both do die, you can not force them to keep paying.
    Are you sure? Wouldn't the probate estate owe?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 16, 2011, 03:27 AM
    Quote Originally Posted by AK lawyer View Post
    are you sure? wouldn't the probate estate owe?
    I think the estate would owe any unpaid rental, but I don't think the estate could be charged for unused rental after they die.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Mar 16, 2011, 05:24 AM

    I guess does the lease state that it is bound to the heirs and estate, or not, documents such as loans are payable by the estate but I have not know rentals to be except though the term listed.

    But a good question, I have not had it happen to any of mine
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