Even though your tenant signs a lease agreement, there can sometimes be situations where they feel that they need an emergency lease cancellation. There are a number of reasons why a tenant might want to break their lease. Some are not legal, but some are, and you might have to allow them to break the lease should the situation require that type of action. Here are a few circumstances that allow tenants to break their leases
Military Deployment
Should a tenant be called upon to return to active duty in the military, they do have a legal right to break their lease if they are being deployed more than 50 miles away. The tenant will, however, need to give you 30 days’ notice before their departure.
Domestic Violence
In Atlanta, GA, a tenant may legally break their lease without penalty in the case of domestic violence. Should you receive a letter from a tenant, stating that this is the reason they wish to break their lease, it is advisable that you contact your property management company for further advice on how to proceed.
Job Loss
If your tenant loses their job, you may allow them to break their lease. The main reason for this is that they will not be able to keep up with rent payments, and taking them to court will only end up costing you more money. It is usually better in a case like this to work with the tenant to find the best solution for both of you.
Illness/Divorce
Similar to a tenant losing their job, serious illness or divorce can severely affect a tenant’s ability to pay the rent. Even though there is no law that would force you to let the tenant break the lease in this instance, it may be a good idea for both parties, depending on the situation.
Job Transfer
Some people don’t have any control over whether or not their employer will transfer them to another area to work, which is why this often comes up as a reason to break the lease. It is advisable that you seek more information from your property management company before you make your final decision in this case. You might be able to suggest that your tenant try to sell their lease or at least find you several prospective tenants to replace them. This would allow you to cut down on your advertising costs and efforts, as well as minimize the risk of your property being left vacant for a period of time.
Not Habitable
You, as the property owner are responsible for making sure that your rental is in good condition and safe for people to live in. This means that the heating, gas, and plumbing systems need to be working properly. The sinks and toilets need to be working, there should be no leaks in the walls or roof, and there should be no pests present. Should the rental property not be up to standard, or you do not respond when a tenant raises concerns, the tenant is generally legally allowed to leave without paying further rent, due to the fact that your end of the agreement was not adhered to.
If you have questions about your lease agreement, or if you are looking for a property management company in Atlanta, contact Specialized Property Management Atlanta today for a free quote. Specialized Property Management Atlanta is one of the highest-rated Atlanta professional property management teams in the industry. We help rental owners save both money and time! Call 404-596-8429 or contact us online.
