Some Landlords and Property Managers are under the impression that under certain circumstances the Landlord can “cancel” or “terminate” a lease while the Tenant is in possession during the lease.

1.   A lease is an interest in property. It is a right.  The Tenant has a right to live at the home until such time as the lease ends and/or it is properly terminated in accordance with the Lease and/or the Law.

2.  A sale does NOT terminate a Lease UNLESS there is a clause to that effect in the Lease.

3.   A Lease is not terminated just because the Landlord wishes to move into his home UNLESS there is a clause to that effect in the Lease.

4.   A Lease is not terminated if a Tenant commits a curable noncompliance or pays rent late over and over.

5.  A Lease is not terminated just because a Landlord lists the home for sale, has a signed contract for sale, or wishes to sell UNLESS there is a clause to that effect in the lease.

The only ways that a Lease can be terminated are if there is a term in the Lease allowing termination prior to lease end, the Tenant continues to be in noncompliance after proper legal notice, the Tenant fails to pay rent after proper legal notice, the Tenant commits a serious non-curable offense, the Tenant fails to vacate after the lease ends and/or has been properly nonrenewed OR, upon mutual agreement by the parties.  

The parties to a lease can ALWAYS agree on an early termination of a Lease and we will provide the proper Agreement.

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