You have tenants in your rental, but you want to take back possession of the property. Your tenants may not be breaking the lease, but they may have other issues and are draining your time and resources. Another situation where you may need the tenants out without breaking the lease is to sell the property or occupy it yourself. If you want to get your tenants out without a broken lease, here are some options.

Coming to an Agreement
The first option is simply talking to the tenants and seeing if you can come to an agreement. If you agree to quickly hand over the security deposit and possibly pay relocation fees, you may be able to get the tenants out of your property without any problem. The tenants aren't required to come to any agreement, however, so this option solely depends on how agreeable your tenant is. Consider sweetening the deal by providing a list of other rentals the tenant may be interested in.

Selling the Property
Your local landlord-tenant laws probably cover a situation where you want to sell your property. In some areas, you don't have the option to evict the tenant even if you sell the home. Instead, they carry over to the next owner. In other locations, you have a specific notice period for letting the tenant know your intent to sell your property. If your local landlord-tenant laws don't cover this situation, write the clause into the lease so you and the tenant agree to the possibility. Rent-controlled units in larger cities such as Los Angeles and New York City typically have specific rules around evicting rent-controlled tenants when putting the property up for sale. These rules may prohibit the action or increase the notice time.

Moving Into the Property
If you or a nuclear family member wants to move into the property, most locations allow you to terminate the lease after a specific notice period. Write a clause into the rental agreement if your landlord-tenant laws don't have a provision for this situation in your area so that the tenant is aware of, and agrees to, an acceptable course of action in this situation. Rent-controlled apartments have additional rules surrounding whether family use is a valid reason for eviction, specific to each rent-controlled region.


Examining Adherence to Lease Clauses
Some tenants are simply too much trouble to handle, no matter how experienced you are at property management. They lodge multiple complaints, don't get along with other tenants, and have an endless list of minor maintenance requests that take away from your time and resources. Sometimes holding these tenants to the absolute letter of the rental contract reveals some lease clauses they aren't adhering to. In these cases, if the tenant does not fix the problem or stop the actions that are breaking the lease, you can evict them.

Month to Month
Month-to-month rental agreements give either party the choice to terminate the lease with a notice period. If you're having problems with a tenant and they're on a month-to-month lease, you typically only need a 30-day notice to get them to move. This clause goes both ways, however, so be prepared for a potentially high tenant turnover rate if you're extensively using short-term leases.
You don't always need tenants to break the lease in order to terminate the lease or evict them from your property. In most areas, you're covered by landlord-tenant laws handling these specific situations. Whether you're selling your house or simply getting frustrated with high-maintenance tenants, there are a variety of ways to handle these circumstances to everyone's satisfaction.

POSTED July 24 2015 9:37 AM

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