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How
to Terminate a Lease Agreement
Termination of Tenancy Questions and Answers
Do
you have burning questions when it comes to the termination of tenancy?
Learn how to terminate a lease agreement quickly and painlessly with
our complete FAQ on the termination of lease.
Do take note that the answers below serve as a general guideline. As
the rental property law
vary in different areas, it's recommended that
you seek the help of a landlord tenant lawyer if necessary.
When
and How Can I Terminate a Lease Agreement / Tenancy?
Termination
of tenancy agreement
depends mainly on 2 factors - the type of tenancy you have and
your local landlord tenant laws.
If you have a periodic tenancy (week-to-week / month-to-month) or
verbal lease, you are usually allowed to terminate a tenancy by handing
your tenant a 30
day notice to vacate rental property.
If you have a fixed term tenancy, you are generally not allowed to end
it early unless your tenant agrees to a surrender of
tenancy. If your tent refuses to pay you rent or breaks the
terms of
your rental agreement, you can also file an eviction lawsuit to chase
him away.
What
are the Things I Need to Do Before Terminating a Lease?
Firstly make sure that your tenant pays up all the rent, utility bills
and property expenses that he owes you before the termination of
tenancy.
The next
step is to carry out a thorough inspection of your rental
property and its contents. Make sure that all your fixtures,
furniture and appliances are present and in working condition.
If
you find anything out of place or damaged, you can either ask your
tenant to fix up before leaving or deduct money from the
security
deposit to pay for repairs and cleaning expenses.
When
Can I
Deduct Money from My Tenant's Security Deposit?
If your
tenant owes you rent, utility bills or other rental expenses after you
terminate a tenancy, you will be able to deduct money from his security
deposit to cover your losses.
You will also be allowed to deduct money to pay for repair
bills for damages that are caused by your tenant's neglect or abuse. If
your tenant leaves your rental property in a total mess, you can also
charge him for the cleaning bills.
When you are deducting deposit money during the termination of lease
agreement, be sure to give your tenant a security
deposit deduction form listing
every deduction item by item. This is not just required by law
in
most areas, but it is also a smart way to minimize tenant complaints.
What
Should I Do
if My Tenant Simply Abandons the Property?
If your
tenant disappears from your rental property without a word, the
first step you have to take is to find out if he really intends to
leave or he is just going away temporarily. Most of the time they will
still be considered as your tenants if they continue paying their rent.
This includes asking the neighbours, checking for unopened mail and
trying to reach them by calling their employers or other contacts
stated in their application form.
Once you have confirmed that your tenant has indeed abandoned the
rental
property,
you can regain possession of your real estate and re-rent it to a new
tenant.
How
Should I Handle the Belongings Left Behind by My Tenant?
Personal
possessions left behind by a tenant after you terminate a lease
agreement are labeled as abandoned property. The rules
for
handling abandoned property differ from country to country so
be sure to double check your local landlord tenant law.
For some areas, your tenant will have the right to come back and
reclaim their belongings within about 15 to 30 days after the
termination of tenancy. In this case, you are usually allowed to charge
your tenant a storage fee for holding on to their belongings.
In other areas, you are allowed to claim your tenant's leftover
belongings as your own immediately so you are free to sell, keep or
dispose it.
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How to Terminate a Tenancy?
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Is your tenancy ending soon? For a fuss-free termination of tenancy, you have to start getting ready about 1 month before your lease expires.
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