Mar
23
I need to move back into my property that is currently being leased, can I brake the lease?
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I own a home in California that is currently under a 1 year lease. I live out of state due to my husband’s job. Sometime within the next year he will be transferred back to CA. We need to move back into our home. I have read about landlords braking leases early and having to pay for moving expenses. Is there any difference if we are actually moving back into the property? Are there any other fees that we can expect to pay?
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10 Comments
March 26th, 2009 at 10:01 am
I am confused. Are you trying to get out of a lease wherever you live or are you a landlord trying to force tenants of your house that you leased while being in a different state?
March 29th, 2009 at 4:03 pm
A contract can be broken at any time, as long as the breaking party is willing to pay any damages arising from the breach.
April 1st, 2009 at 4:58 pm
Well, they can out and out refuse to move and be within their legal rights regardless of your situation.
To make them more likely to give in to your request, offer to pay a set amount of moving expenses and then do a walk through with them of the home so that you can give them their security deposit back before you would in a normal situation.
Offer to give the deposit back when they find a new place so that they can put the deposit down at that place. Make sure you have this all in writing so that they actually do leave after they get the deposit back.
April 4th, 2009 at 2:35 pm
contact the tenant and ask them-you may have to compensate them if they are unable to move early.
worst case scenario, they refuse to break the lease you can rent something month to month until the lease is over.
April 4th, 2009 at 6:17 pm
you will probably have to pay the tenants something to get them out before the end of the lease - a lease is a contract - you just can;t kick them out for no reason and not compensate them. when does the lease end? talk to the tenants now and give them as much firm notice as possible so they can have time to find another place to live
April 8th, 2009 at 5:31 am
You can break any lease but you have to pay the penalties associated with doing so. Make sure to give your tenants enough notice when doing so, so that they can start looking for somewhere to live otherwise they could make your life a living hell.
Good luck.
April 11th, 2009 at 1:08 am
Unless your tenant agrees, you can’t force them out. In addition to moving expenses, offer their last month free.
realtor.sailor
April 14th, 2009 at 3:18 am
You are in a pickle here-If the tenant is in good standing and paying the rent on time you are on a bumpy road.–unless their is a clause in the lease to allow this.Understand -that most Leases are subject to automatic renewal-so even then this will be an un-valid reson for non -renewal unless they agreed in writing to a clause in the Lease. you are at the mercy of your renter-who probably is comfortable–and will have to buy them out under their terms to get them to leave. With the right offer I am sure they will move.
April 16th, 2009 at 12:26 pm
Your tenants do not have to leave. They have a signed contract. You can have them move at the end of the lease, but not earlier.
With that said, you can offer something like $600 for moving expenses, plus offer to let them live the final month there on their security deposit (or just for free for one month) to give them time to save money and find a place.
No matter what you offer, you cannot force them out unless they don’t pay rent or are doing significant damage to the property, or violating the lease in any way.
April 16th, 2009 at 4:25 pm
You can offer the tenants a buyout. Moving expenses would typically be included in such a buyout, plus whatever else the tenants will accept to move out when you need them to.