I have tenants who are moving out while still on their lease. They are continuing to pay until my new tenant (recently found) moves in, in mid-august.

I know that they continue to be responsible as well for utilities, lawn maintenance and other things per their lease agreement, but in an earlier post Sid(MO) said "In my lease, tenants are responsible for any loss due to break-in. Vacating the premises makes the property less secure than it would have been if occupied with someone watching over it. You can casually remind them of this by asking if their renter's insurance is up to date in case there are any damages to the property while their rental agreement is still in effect"

Dan,

Do not call your agent. Ins companies do not want vacant homes so they might cancel you.

I'll be surprised if they mow and keep up the utils. Did they move out of town?

This is a precarious time for you. They could simply pay the Early Buy Out Fee and be done, and YOU take control of your investment.

Yes, vacant homes attract vandals. That's why the ins co does not want them.

Sid can put whatever he wants into the lease, but that doesn't make them responsible for loss due to break-in after they vacate.

@Brad - I could see it either way. They moved about 5 mins away in the same community.

@Moshe - thanks. That is kind of what I thought

Dan,

You should invest some time to learn if this will work in your state.

Yes, it is in my lease.

Yes, my attorney reviewed it.

Yes, my judges will enforce it provided it is not unreasonable. More on that below.

It all boils down to is the lease still in effect. Some pertinent questions to that effect:

Is rent due? Yes. What says so? The lease.

Does the tenant have a duty to maintain the premises and landscaping or pay for said maintenance? Yes. What says so? The lease.

Do tenants have a duty to return the premises at the end of the lease in as good a condition as received, normal wear and tear excepted? Yes. What says so? The lease.

Has the lease been terminated by mutual agreement or act of the court? No.

So we still have a lease, and the roles and responsibilities of the tenant have not been dissolved by the tenant's choice to leave the property unattended.

Granted, I could see if you had a break-in 6 months after they moved out and the market conditions show a unit like this should have rented in 2 months, tenants might be able to convince a judge they are not responsible because you were not making "reasonable efforts" to find a new tenant as required by law. There are always exceptions based on extraordinary circumstances: but the standard rule is both tenants and I are still bound by ALL TERMS of the lease until it expires or it is dissolved.

" Yes, my judges will enforce it provided it is not unreasonable. " How about if it is contrary to principles of law?

" the standard rule is both tenants and I are still bound by ALL TERMS of the lease until it expires or it is dissolved. " Ya think? But the tenant defaulted on the lease. The lease no longer conveys possession of the property. The lease is over. Damages may remain, but the obligations of the lease are terminated.

Sid, I am glad that your attorney reviewed your lease, but you have not reported what he said about this clause. Surely, you are not going to tell us that he reviewed this clause and said that it is enforceable.

I have clauses in my lease, too, which I know will not be enforced, but my tenants aren't likely to be sure of that, and thus, inclusion of the clause serves a purpose. But the biggest danger is to start believing my own propaganda.