ExpertLaw.com Forums

Landlord Wants to End Lease One Month Early - What Compensation is Owed to Tenant

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 02-21-2013, 08:47 AM
    granola
    Landlord Wants to End Lease One Month Early - What Compensation is Owed to Tenant
    My question involves landlord-tenant law in the State of: Maryland

    Hi - I have 3 tenants in my house and I'd like to convert to 1 tenant (family). I'd like to one current renter end their lease one or two months early. I do not have any terms in the lease regarding if the Landlord terminates early. I do have a fee for early termination for the tenant with fee structure as follows: 30 days notice $650, 45 day notice $300, 60 days notice $150. I am planning to offer $100 for moving fee's. The tenant only has one room and not much furniture.

    Does the Landlord have to cover all moving fee's above and beyond the $100 (tenant may want to get an expense move out company to pack all their items and transport it which can be expensive)?

    Does the Landlord have to offer additional fee's to tenant?

    Thank you!
  • 02-22-2013, 02:54 PM
    Mr. Knowitall
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    Quote:

    Quoting granola
    View Post
    Does the Landlord have to cover all moving fee's above and beyond the $100 (tenant may want to get an expense move out company to pack all their items and transport it which can be expensive)?

    The landlord has to offer the tenant a sufficient incentive to move before the end of the lease term, or live with the fact that the tenant can continue to live in the rental property until the lease terminates.

    If the landlord offers $100, the tenant can say, "No thank you, I'll stay here until my lease ends."

    If the landlord offers $100 and all moving expenses, the tenant can say, "No thank you, I'll stay here until my lease ends."

    If the landlord offers $10,000 and a white glove moving service, plus payment of the first six months rent at a new apartment, the tenant can say, "No thank you, I'll stay here until my lease ends."
  • 02-22-2013, 03:08 PM
    granola
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    Thanks for the response!

    Just curious is there a way I can protect myself from this in the future by putting something in the lease regarding Landlord termination? Just the way the Tenant has the right to exercise a early termination, I'd have the same right by inputting this in the Lease. If yes are there are any recommended terms that are best practice eg moving expenses plus any additional funds.

    Thank you!
  • 02-22-2013, 03:43 PM
    Mr. Knowitall
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    How about simply having a month-to-month rental agreement?
  • 02-22-2013, 03:58 PM
    granola
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    I prefer a year lease so I don't have to go out every 6 months looking for a new roommate (essentially I find people who want to stay longer). I live with these roommates and I don't want a revolving door through my house. It takes a lot of energy to find a tenant, plus it takes 2 months to find a tenant, so I'd be shooting myself in the foot for doing allowing a one month notice. And if people leave in the off season months, like Jan, feb, march, it can take up to 3 months to find a tenant (I'm not located in the most convenient location). At minimum I have accepted a 3 months lease. This change with LandLord breaking the lease, is unexpected and therefore unable to really plan for this. But with the new set of tenants, I'd like to put in a LandLord clause that seems reasonable.
  • 02-22-2013, 04:12 PM
    Lehk
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    I think you will find that the quality of tenants you find who will put up with a "this is a lease only kidding it's sorta month to month" will be similar significantly worse than ordinary year lease or ordinary month to month tenants, I think you will only find tenants who don't read / care / intend to follow the lease
  • 02-22-2013, 04:34 PM
    granola
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    True! That is why I explain this to them in the beginning (literally going over the lease in dummy form). But you are right, tenants still don't read or remember. The big difference with the year lease and the month to month is that with the year lease I get a early termination fee which helps to buffer the loss. Honestly if a tenant gave me 2 months to find a new tenant (not ending in Feb or March), all well and good I wouldn't really care.. but most do not and that is the main reason I have a specific term lease with a early termination fee. But I'll think about the month to month for future.

    Sounds like having a landlord early termination clause is not legally allowable then, since both responses have leaned towards the month to month scenerio.
  • 02-22-2013, 04:48 PM
    Mr. Knowitall
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    If you have a one year lease where either party can terminate on 30 or 60 days notice, you're not actually offering the tenant the benefit of a one year lease.
  • 02-22-2013, 05:56 PM
    granola
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    @ Knowitall

    Good point! This is really a semi-permeable termed lease, your question has caused me to pause. Note my leases are anywhere from 6-12 months.

    With all the facts said though, I'm wondering why a month to month lease would be a better option than a termed lease with termination clauses? I don't see that a month to month lease really provides a better option for Landlord only for Tenant. Actually I think the month to month lease is less valuable with loss of termination fee and reduced negotiation power (during unexpected termination). Charging a higher price for month to month, prices the Landlord out of the market (rent very low here). Month to Month renters typically are not as invested in maintaining the location since they are usually on a short term horizon. The added benefit flexibility of a month to month termination by landlord is not something I'd use (very rare) since it takes a long time to find a new tenant and I really vet my tenants to get good tenants. I'm just confused as to why the month to month is a better option, maybe something I haven't thought about. Any thoughts that I may not have thought about?

    Seems as though the law allows the termination by Landlord as a clause. 3 months seem fair since I will rarely use this clause.

    Termination of Tenancy by Landlord - In the case of tenancies from year-to-year, including tobacco farm tenancies, notice in writing must be given at least 3 months before the end of the current year of the tenancy. (All other farm tenancies require 6 months’ notice before the end of the lease year.). Read the Law: MD Code, Real Prop. § 8-402
  • 02-22-2013, 06:04 PM
    PandorasBox
    Re: Landlord Wishes to End Lease One Month Early - What is Owed to Tenant - Maryland
    In my opinion - you would be best to get a local lawyer to listen to your wants and write out lease agreements for you.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 12:19 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved