Sometimes there comes a point where you’d like a tenant to leave even though that particular tenant hasn’t broken the lease. You could have a bad relationship with that tenant, think that your property could earn a lot more with a new tenant, or you might even want to move back into your property. Here are six tips to help you ease a tenant out even when the lease is still in place.

Offer Your Tenant an Incentive to Leave
It’s not always easy to remove a tenant who you want out but who hasn’t violated the lease. However, one of the simplest ways to remove a tenant is to get them leave voluntarily. This usually requires offering some kind of financial incentive, such as monetary compensation, payment for the cost of moving and a quick return of the deposit.
Landlords come up with other creative solutions as well. They may have another apartment or property they can offer to the tenant for reasonable rental terms, or they offer to help the tenant find a new apartment. If you make an initial offer and the tenant refuses, you may have to negotiate until you reach a compromise.

Add an Escape Clause
By adding an escape clause, you can allow yourself to end a lease for any reason during the lease period as long as you provide notification beforehand. As a result, even though a lease is still in effect and the tenant didn’t break any of the stipulations, you can still ask the tenant to leave for almost any reason. Be careful though, as these escape clauses also usually allow the tenant to leave whenever he or she wants or during a specified period.

Simply Ask
You and your tenant might be arguing about an issue,have an unfriendly relationship, or you might just want to rent to someone else. Making your feelings clear to the tenant may make him or her decide that your property isn’t the right fit. It’s also perfectly legal to ask a tenant to leave as long as you aren’t discriminating against them for any reason.

Do More Research
You may assume that the tenant hasn’t broken the lease, but a little effort can go a long way. The tenant may have had friends move in or even a girlfriend or boyfriend, which is sometimes a violation of the lease. There may be other lease violations that you don’t know about, including pets, excessive noise, and uncleanliness. You can speak with other tenants in your building and the property manager or house superintendent if you have one. They can provide you with more information on potential lease violations that you may have overlooked.

You Need the Space for Yourself or a Family Member
If you, your spouse, or your children want to move into the tenant’s space, you will have to honor a fixed-term lease in most circumstances. Note that, in such circumstances, you’re permitted to refuse to renew the lease once it expires.

Play by the Rules
Some tenants might annoy you with constant phone calls or by occupying a valuable property without paying much rent. Putting pressure on them to leave with certain methods will likely land you in hot water. Avoid changing locks, cutting off utilities and other illegal forms of pressure. These tactics are usually illegal even during eviction proceedings, which leaves you with little ground to stand on should your actions be challenged in court.
Ultimately, there is no incredibly easy way to ensure a tenant leaves without having violated the lease. However, using the above tips should give you a better idea of how to get a tenant out even when the lease wasn’t broken.

POSTED July 28 2015 11:15 AM

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