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Landlord needs help wording a lease cancellation

Started by sohoman
almost 12 years ago
Posts: 76
Member since: Mar 2013
Discussion about
Hello One of my tenants want to break their 2/15 expiry lease and I have offered to find a new tenant and they can then move out. I thought it might be worth getting an attorney to draw up a document. Anyone got a document like that or can recommend a cost effective person who can do it? I thought could get tenant to sign something before I find a tenant so we don't go through process of finding tenant and then old tenant says have changed their mind... Thank you.
Response by Consigliere
almost 12 years ago
Posts: 390
Member since: Jul 2011

What is free legal for $100.00 Alex?

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Response by vslse65
almost 12 years ago
Posts: 226
Member since: Feb 2011

Yes, have early termination letters for commercial and residential tenants. Don't know how to contact you though.

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Response by rb345
almost 12 years ago
Posts: 1273
Member since: Jun 2009

Sohoman:

1. NYS residential landlords have no duty to mitigate damages when tenants lease breach
2. in English that means tenants can be held strictly to the lease

3. there is no duty to re-rent to save them money
4. if this apt is one of your $20,000 rentals I would be very careful since it might not re-rent at that
price very quickly

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Response by Flutistic
almost 12 years ago
Posts: 516
Member since: Apr 2007

Uh, sohoman, you should call yourself so NICE man! For the incredibly generous act of letting tenants waltz away from a lease, I would charge the tenants for the lawyer's fee to write the good-bye contract. Also, rb345 is right and you should listen up. In a lease, the tenant owes 1 years' worth of rent; you as landlord allow them to pay monthly, but they owe you it all. I predict your lawyer will advise clear language to this effect in case new tenants fink out on you.

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Response by gothamsboro
almost 12 years ago
Posts: 536
Member since: Sep 2013

Good luck enforcing the full year obligation.

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Response by sohoman
almost 12 years ago
Posts: 76
Member since: Mar 2013

VSLSE65 that is very kind. I can email you or you can email me at michael@smojo.com Many thanks.
Thanks rb345 I am aware of that. I want happy tenants so happy to oblige if I can find a good tenant. I won't release them until I have another tenant lined up, signed and condo board approved.

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Response by vslse65
almost 12 years ago
Posts: 226
Member since: Feb 2011

sohoman - pls check your email.

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Response by sohoman
almost 12 years ago
Posts: 76
Member since: Mar 2013

Thanks VSLSE!

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Response by condo011008
almost 12 years ago
Posts: 0
Member since: Jun 2014

Hi vslse65, can I have the early termination letter too please?
Hi Sohoman, did your board approve it afterwards? I had the same issue. The board rejected my new tenant and said I need to wait until my previous tenant's lease due to find a new tenant. But my previous tenant had broken the lease and was gone.

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Response by vslse65
almost 12 years ago
Posts: 226
Member since: Feb 2011

You're welcome, hope it helped.

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