Friday, May 20, 2011

Charlotte Property Management Weekly: When Tenants Want Out, Let Them Go: 3 Tips to Negotiating Early Lease Terminations


“Let my people go.” (Moses to Pharaoh)




Happiness. Everybody wants it. That goes for tenants, property managers, puppies, you name it. To accomplish it, sometimes a change of scenery is necessary. I mean, you want to go where everybody knows your name. And they’re always glad you came. Right?



Occasionally, we have tenants who are not happy with their home. They want to break their lease and move out immediately! Things are not fixed up the way they want, the neighbors are unpleasant, and work is too far away. Utility bills are too high, the building complex is too noisy, and their “party friends” found out where they were living.



Some tenants want to take this frustration out on their property managers (I’ll pause briefly for your feelings of sympathy/empathy). Unhappiness can be like gangrene, infecting everyone in its path. It’s not desirable, or necessary! I just want to write them a letter:



Dear Beloved Tenant,


Why so glum, friend? It seems like we’ve had a tough time connecting recently. All relationships have rough patches. We can get through this!






I’m sorry you are unhappy with the house. This happens! It’s tough to know exactly what is best when looking at a house for only a short time. I mean, over 50% of couples who are around each other everyday for years wind up unhappy and divorcing (remember the story you told me about that with your Aunt Cathy and the one-armed sailor?); sometimes our judgment when making long-term commitments isn’t what it should be! But take heart! I understand. We can talk through this!






I know threatening to not pay rent may seem like a good idea now, but it’s not a path that is good for anyone. If you really want to leave, we can work something out. Life is too short and you seemed like such a happy person when we first met (with your rhinestone-collared Shitzu in tow)! Oh, how we laughed as she frolicked! Let’s get you back to that place!






Sincerely,


Your PM






P.S. We need to hug soon. Please pet Mitsy for me.



Keeping unhappy tenants locked into their leases isn’t a “best practice”. It can actually be counterproductive and less profitable than letting them go!



It’s all about how the negotiation is handled. First, let’s establish the needs and concerns of each party:

1. The tenants want to move out. They’re concerned about facing legal and credit score consequences for breaking their lease.

2. The owner wants someone sending them money every month to pay for their home investment. They are concerned about vacancy, costs to get their property into market condition, and marketing costs for a new tenant.



So where is the win-win? Here are three tips in getting there:

1. The rental home goes on the market immediately. The tenant agrees to keep the home in immaculate showing shape and be extremely accommodating for prospective renters wanting to view it.

2. The tenant gives a 30-day notice to vacate and pays a 2-month lease termination fee. If the house is filled prior to 60 days, this falls to a 1-month lease termination fee that will be refunded to the tenant (incentives are important!).

3. The tenant is required to leave the home in move-in condition (including steam cleaning the carpets and a thorough cleaning). The security deposit is insurance of this. (Note: make sure this side agreement for early termination is in writing)



The owner should be kept whole financially with a new paying renter, and the tenant gets their freedom in 30 days with no consequences. A win-win situation is achieved.



Then we can all go back to being happy again. Cheers!



Brett Furniss is the President & Owner of BDF Realty (“Charlotte’s Most Innovative Property Management & Investment Company”), and Rent-To-Sell Realty (“When You Need a New Solution to Sell Your Home”) which specialize in rent-to-own (lease options) and rent-to-sell homes. His newest book, A Real Estate Agent’s Complete Guide to Representing Rent-To-Own (Lease Option) Tenants (Delight Clients, Fill Vacant Homes, and Earn $2,250* Upfront! (*Minimum!)

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