Tenant,
Attached you will find the Lease Termination Agreement that you have asked for by the name of a ‘Tenant Landlord Agreement’. A Tenant Landlord Agreement is another, inaccurate, term for a lease, which we already have in effect. What you were really looking for was a Lease Termination Agreement, and as promised, it is attached to this email.
My husband and I have talked it over and had this Lease Termination Agreement drafted. Please read it carefully and let me know what you decide. Please understand that we are not asking you to leave. Rather, you have stated time and time again how unhappy you are in the property and that you “cannot live there”. If you choose to stay, fine. But please understand that Joshua and I, as landlords, are not reasonably responsible to alleviate problems such as odd smells in the air or water, chapped lips, or a dirty tub. Additionally, any issues concerning the condition of the premises excluding items that reasonably require repair such as the dripping faucet or an appliance repair will not be addressed by Joshua or I for the remainder of this lease. This was clearly outlined and agreed upon by both parties in section four (4) of our rental agreement:
4. CONDITION OF PREMISIS LESSEE has examined the Premises and acknowledges that except for the work LESSOR has agreed to do in the application or other in writing, LESSEE is satisfied with the present condition of the Premises and neither LESSOR or LESSEE’S agent have made any representations or promises concerning the physical condition except those specifically set forth in the Lease.
Please note several important aspects of the Lease Termination Agreement that we have provided you. You should carefully consider the lease termination penalties prior to making your decision. Three key items that may significantly impact your decision and are contained in the Lease Termination Agreement are:
1. At any time during the first 120 days of the original lease, you may terminate the lease for a penalty equal to two months rent ($1,700). To exercise this option, you must make your decision and vacate the property no later than October 1, 2008.
2. At any time during the lease, after the first 120 days, the agreement may be terminated, but the penalty increases to the full remaining value of the original lease. To illustrate, if you make the decision to terminate the original lease in December 2008, the penalty will be equal to the remaining five months of the lease (January, February, March, April, and May or 2009).
3. By terminating the lease, you understand that all monies held as a Security Deposit are forfeited and will not be returned to you at the end of the original lease.
I feel it is important enough to note that this rental property is, in fact, a business. However, Joshua and I also have corporate responsibilities to our primary employer, Caterpillar. Until this point, we have accommodated your calls at all hours, on all lines – including our place of business during traditional work hours. For the remainder of this lease, we can no longer accept calls Monday through Friday between the hours of 7am and 5 pm except in the case of an emergency. Moving forward, please contact us about all non-urgent matters on weekends or evenings only..
My husband and I have talked it over and had this Lease Termination Agreement drafted. Please read it carefully and let me know what you decide. Please understand that we are not asking you to leave. Rather, you have stated time and time again how unhappy you are in the property and that you “cannot live there”. If you choose to stay, fine. But please understand that Joshua and I, as landlords, are not reasonably responsible to alleviate problems such as odd smells in the air or water, chapped lips, or a dirty tub. Additionally, any issues concerning the condition of the premises excluding items that reasonably require repair such as the dripping faucet or an appliance repair will not be addressed by Joshua or I for the remainder of this lease. This was clearly outlined and agreed upon by both parties in section four (4) of our rental agreement:
4. CONDITION OF PREMISIS LESSEE has examined the Premises and acknowledges that except for the work LESSOR has agreed to do in the application or other in writing, LESSEE is satisfied with the present condition of the Premises and neither LESSOR or LESSEE’S agent have made any representations or promises concerning the physical condition except those specifically set forth in the Lease.
Please note several important aspects of the Lease Termination Agreement that we have provided you. You should carefully consider the lease termination penalties prior to making your decision. Three key items that may significantly impact your decision and are contained in the Lease Termination Agreement are:
1. At any time during the first 120 days of the original lease, you may terminate the lease for a penalty equal to two months rent ($1,700). To exercise this option, you must make your decision and vacate the property no later than October 1, 2008.
2. At any time during the lease, after the first 120 days, the agreement may be terminated, but the penalty increases to the full remaining value of the original lease. To illustrate, if you make the decision to terminate the original lease in December 2008, the penalty will be equal to the remaining five months of the lease (January, February, March, April, and May or 2009).
3. By terminating the lease, you understand that all monies held as a Security Deposit are forfeited and will not be returned to you at the end of the original lease.
I feel it is important enough to note that this rental property is, in fact, a business. However, Joshua and I also have corporate responsibilities to our primary employer, Caterpillar. Until this point, we have accommodated your calls at all hours, on all lines – including our place of business during traditional work hours. For the remainder of this lease, we can no longer accept calls Monday through Friday between the hours of 7am and 5 pm except in the case of an emergency. Moving forward, please contact us about all non-urgent matters on weekends or evenings only..
Because this is a business, and you have entered into a legally binding contract with us, we have the option to impose penalties upon you for breach of contract. We feel that this is a fair and equitable solution in lieu of a costly legal battle. The penalty conditions are not open to negotiation. We are not imposing these penalties out of spite or malicious nature – rather, you must understand that we stand to lose a significant amount of money if and when you terminate the lease. In addition, we must spend time and money to prepare the home for another renter, and it will take time to interview and show the home to prospective renters after you have vacated the property.
Please carefully consider the information in this email as well as the attached document. When you have settled on a decision, please let us know. We sincerely hope that you can come to accept the property for what it is and commit to be happy there for the remainder of this lease. If that is not the case, we wish you well in your future endeavors.
Sincerely,
Your landlords
3 comments:
Nicely written!
I love you - however, it was much more fun to hear you tell it at dinner with the extra expletives :)
Very well written as AJ pointed out. Is this your old house your are renting out? Do you plan on selling it when the market turns around?
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