Lease cancellation - Posted by L Andrews

Posted by L Andrews on July 15, 2003 at 16:36:59:

Thanks for your response, JT. I appreciate it. I thought I had heard once that there was an exception for an owner to cancel a lease with 60 days notice to occupy their own home (in this case my family). But I am apparently wrong about this. I plan to buy another nicer house simultaneously, and will probably offer it to those tenants at their old rate, since they have been good tenants. - Larry

Lease cancellation - Posted by L Andrews

Posted by L Andrews on July 15, 2003 at 15:26:30:

I have some tenants who recently renewed their one-year lease on a rental home in California. Now I want to sell the property on a lease-option to a family member. A local property manager told me I would have to honor the current tenant’s lease, unless I could get them to move voluntarily (that is, offer them a big enough incentive to leave). Is this true? Any ideas for me?

What is the purpose of a Lease… - Posted by JT-IN

Posted by JT-IN on July 15, 2003 at 15:50:06:

If you wouldn’t need to honor the terms…?

What if you did not want to sell it to someone else and your Tenant arbitrarily decided to move… wouldn’t you expect them to honor their word…? You would likely want them to suffer the financial burden of breaking the Lease.

A Tenants burden for breaking the Lease is at the worst to have to pay the balance of the rent due for the term of the Lease Agreement. There is no option for a Landlord to break a Lease, except by the terms that you may be able to negotiate to have the Tenant voluntarily cancel the agreement. Depending upon the rental market in your area, this could be small or rather large, based upon availability of comparable houses. The Tenant may want you to PAY for their move… and a few other associated costs…

You have NO options other than to ask the Tenant. When they signed the Lease, you have agreed to allow then “Quiet Enjoyment” of the property, which doesn’t include you changing your mind… Sorry for the blunt news, but you are obligated to the terms of the Lease, unless they decide to let you off the hook… unless they break the Lease by default.

Just the way that I view things…


Not true - Posted by Sandy (NY)

Posted by Sandy (NY) on July 16, 2003 at 03:50:03:

In NY a landlord can evict tenants if they or an immediate family member want to live in that apartment. I believe a 30 or 60 day notice has to be given to that effect. The only problem would be if the tenants can’t find any place to go.

I know because it happened to my brothers…