Landlords typically don’t want to hear that their tenants are terminating the lease early, unless the tenant has caused problems from the start. Whether or not your tenant leaving is welcome news, you have some decisions to make as a landlord in DC when a renter breaks the lease. If you’re an income property owner in the nation’s capital, here are your options when a renter tells you they intend on ending the lease early.

Ask Their Reason for Leaving

There are many reasons a tenant may want to break the lease, but only a few of them are technically legal. Legal reasons a tenant can break a lease in Washington, DC without repercussions include:

• Being deployed or restationed as an active military member.
• The tenant has been assaulted or harassed and is seeking a restraining order against someone in the vicinity.
• As a landlord, you are not upholding your responsibilities, including maintenance, which can lead to the tenant breaking the lease.

Outside of these reasons, a tenant is obligated to continue paying rent. However, just because other reasons may not be legal—say, losing a job, getting a disability, or relocating to care for an aging parent—you may still consider allowing the tenant to break the lease.

Mitigate Damages as Much as Possible

Regardless of the tenant’s reason for breaking the lease, you have some choices to make.

The first is whether to allow your tenant to break the lease if their reason isn’t legal. If you want them to stay, you can remind them of their responsibilities, that the lease is legally binding, and let them know you may consider pursuing legal options if they leave.

If your tenant has a right to break the lease or you decide to allow them to move on, it’s time to mitigate damages. Start looking for a new tenant as soon as possible, but don’t let your existing tenant find someone for you—this is called subletting and usually isn’t the best option.

Although it may be tempting, don’t keep the tenant’s security deposit as unpaid rent. You may still need this money to cover repairs to the unit. Your tenant should still be current on the rent if they are leaving, and should still give you 30 days’ written notice of their departure.

Follow Your Lease Terms

Not every DC landlord has a clause in their lease allowing tenants to break the lease for a fee. However, if you do, be sure to follow the lease terms. Your lease clause may also have a stipulation that renters who don’t have a legal reason for leaving must pay a fee—for example, one month’s rent—when terminating the lease early.

If you don’t have an early termination clause in your lease, this is certainly something to consider as you move forward as a DC landlord. Letting a tenant break the lease early can simplify the process, helping you reduce damages and conflict, making it clear for everyone what’s expected when they break the lease early.

Do You Have an Early Termination Clause in Your Lease?

How specific is your lease regarding tenants backing out early? Let us help you create an airtight lease for tenants who want to leave early. Contact FAS Management today to learn more about our property management solutions in DC at (202) 337-5080!