LEASE TERMINATION

Do you need to end a lease?

If so, you need a Termination of Lease form. If you file an eviction without properly informing the tenant, the tenant could win a case against you in court and you could be ordered to pay damages to the tenant as well as his or her attorney’s fees. You can download a Termination of Lease form from this web site.

Why would you terminate a lease? Usually, landlords terminate a lease because the tenant isn’t paying rent or has committed some other breach of the lease, such as intentionally damaging the property. Most states require landlord to give tenants an opportunity to correct curable breaches of the lease, such as past due rent or having a dog on the premises when pets are not allowed.

You should serve your tenant with a Termination of Lease form even if you and the tenant have no lease. A termination of lease gives the occupant of your property legal notice of your intentions. If the occupant fights the eviction in court, you will be able to present proof of having notified him or her of the lease termination.

The notice may be served to the tenant via US Mail, hand-delivery, or by posting the form on the tenant’s door. If the notice is mailed, the tenant may be entitled to extra mailing time.

If you accept a past due rent payment from the tenant, whether full or partial payment, or if the tenant corrects a curable breach of the lease, you will waive your right to terminate the rental in most states. You may terminate the lease the next time rent is due if the violation occurs again. Be sure to comply with the requirements in your state when terminating a lease.

Lease Termination