A Lease Termination agreement can be used terminate an existing lease.
If you as the Landlord were to file an eviction without properly informing the tenant, the tenant could win a case against you in court. If you lose the case you could be ordered to pay damages to the tenant and pay the tenant’s attorney’s fees.
Why would you terminate a lease? Usually, landlords terminate a lease because the tenant isn’t paying rent or has committed some other breach of the lease, such as intentionally damaging the property.
Most states require landlord to give tenants an opportunity to correct curable breaches of the lease, such as past due rent or having a dog on the premises when pets are not allowed.
The Landlord should serve the tenant with a Lease Termination form even if there is no written lease. A Lease Termination gives the occupant of the property legal notice of intent.
The notice may be served upon the tenant via US Mail, hand-delivery, or by posting the form on the tenant’s door. If the notice is mailed, the tenant may be entitled to extra mailing time.
If you as the Landlord, accept a past due rent payment from the tenant, be aware of the repercussions. If the payment is a full or partial payment, or if the tenant corrects a curable breach of the lease, you will waive your right to terminate the rental in most states.
You may terminate the lease the next time rent is due if the violation occurs again. Be sure to comply with the requirements in your state when terminating a lease.
A Lease Termination agreement may also be created if the Landlord and the Tenant wish to end the lease prior to the expiration of the lease term.