If your tenant sends you a formal early termination of the letter of tenancy and plans to evacuate the unit before the end of the lease, you are in most states obliged to search for a new tenant (“damage reduction” legally marked). Legally, you cannot keep the tenant on the rental terms and rent them to you, while the unit is passively free until the end of the lease. The tenant may also have to pay post-rental and advertising fees. Regardless of whether they move the property, however, tenants are required to pay rent for the contractually agreed period in the tenancy agreement. What will happen if a tenant has decided that he will not stay for the duration of the lease? If it turns out that the apartment rented by a tenant was not a legal rental unit, the tenant can terminate the lease without penalty. State laws will vary, but tenants are often entitled to restitution of at least part of the rent they paid during the term of their lease. You may even be entitled to additional money from the owner to help them find another apartment to rent. Early termination of the tenancy clause will help define the rules for a buy-back option – that is, the fees the tenant would pay to get out. However, the owner does not need an early termination clause to negotiate a buy-out. Job transfer: your tenants have no control over their job transfers, and some state laws allow tenants to break their leases for this reason. You may be able to sublet or assign your lease. A sublease occurs when a tenant temporarily moves and leases the unit to a subtenant until they return, while a tenant moves permanently and transfers their contract to a new tenant.
To sublet or award your lease, you must obtain written consent from your landlord. However, under Section 34 (2) of the Residential Leases Act (RTA), your landlord cannot unreasonably refuse your consent if your fixed-term lease is maintained for at least six months. If you feel that your landlord is complying with consent inappropriately, you have the right to request a dispute settlement to request an order allowing you to sublet or assign your lease. Without a good lease, it becomes more difficult to have a successful owner-tenant experience, while a tenant rents from you. That`s why it`s so important to make sure you cover key areas when writing and signing fewer contracts: nothing is official until it`s written. Make sure your client issues a written notice to terminate the lease and sign. Keep it with your recordings. Also confirm that you received the payments you requested before the eviction (termination fees, unpaid rent, other fees, etc.). If a tenant wishes to break the lease prematurely due to personal circumstances (i.e. job loss, moving to work), the tenant must speak to the landlord and check whether the landlord accepts the early termination of the tenancy agreement. Tenants could offer to help the landlord find a new tenant by recruiting the suite online or in local community hubs.
The lessor is not obliged to accept the rental agreement, but may be ready if the tenant agrees to assist with advertising and to ensure that the suite can be rented. If the landlord agrees to break the tenancy agreement prematurely, the tenant must ensure that the contract is signed in writing and by the landlord in order to avoid problems in the future. If a landlord is not willing to terminate a lease prematurely, a tenant may consider subletting the property or distributing the lease. For more information, see our prognosis When your job ends. Have you lost your job and want to know more about your rights? Visit the “Rights in the Workplace” page. They may also find a replacement tenant. If all goes well, you sign a new lease with the new tenant – a win-win situation all around.