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How
to Terminate Rental Lease Agreements
Residential Lease Termination PART 1
Do
you want to learn how to terminate rental lease agreements legally and
painlessly?
No matter what type of lease agreement you have, our tried and
tested lease termination info will show you end it the right way.
The following are our residential lease termination info for the major
types of tenancy and rental situations:
How
to Terminate Your Fixed Term Lease Before the Rental Period
is Over
Case 1: Your
tenant pays his rent on time and does not cause any trouble
If
you have a tenant who play by the rules, you cannot terminate rental
lease agreement with him prematurely unless he agrees to do
so as well. To tempt
him into agreeing, you can try help him look for similar rental
property in your area or offer to pay him a sum of money.
If he agrees to end the lease as well, you will be able to break the
lease using a process known as a surrender
of tenancy.
That
are 2 ways you can surrender a tenancy. You can simply wait for your
existing tenant to move out and then rent out your property to new
tenants. Although this method is highly straight-forward and requires
no paperwork, we always highly recommend landlords to use a written
surrender of tenancy letter to prevent any future problems.
Click
here for our free tenancy surrender letter / residential lease
termination agreement.
Case 2: How
to terminate rental lease if your tenant does not pay the rent
As
a landlord, rent payment from your tenant is your bloodline and vital
source of income. If your tenant is not paying your rent, you will have
to replace him with a new tenant as soon as possible to preserve your
income.
The first step is to send him a written pay or quit notice.
This will give your tenant a last chance to pay up within a time limit.
This time limit is usually 3 to 7 days depending on the residential
lease termination laws in your country.
Once time is up and you haven't received any
rent payments, you can then go to your local courthouse to file a
unlawful detainer action. This will formally begin the legal process of
evicting your tenant. The court will issue a summon to your tenant and
give him a certain date to turn up for a court hearing.
During
the court hearing you can choose to represent yourself or hire a
landlord tenant lawyer to handleyour lawsuit. As long as you have
reasonable
written proof that your tenant is skipping his rent payments, you can
expect
to win your case.
As tenant eviction can be a lengthy and messy affair, we highly
recommend that you first Click
here for more lease termination info on how to evict a tenant
painlessly.
Case 3: Your
tenant breaks the terms of your lease or causes safety problems
If your
tenant breaks the terms of your rental lease agreements or
causes health and safety problems to the rental property (such as
cramming your
rental property with flammable objects), then you are generally allowed
to remove him.
The
steps for chasing away a problem tenant is largely similar to the ones
listed above in Case 2. The major difference is that you will have to
give him a different eviction notice - eviction notice to
perform
or quit.
If he
refuses
to cooperate and fix up his mess, follow up by filing a unlawful
undetainer action. If necessary, turn up for
your court hearing to settle your eviction lawsuit.
Residential
lease termination info - If your tenant leaves the rental property
after receiving your notice to quit, you can stop the entire eviction
process. You can also
recover any rent owed or property repair bills by deducting it from
your tenant's
security deposit. Click
here for our complete guide on tenant deposits.
Do you have another type
of rental lease agreement? Learn how to terminate rental
lease for a periodic tenancy or verbal tenancy:
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