business owner

Lease Break Agreement

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Last March, it was time to make a decision on renewing the tenant’s lease on House9. There were several variables at play, and we ended up adding “lease break” terms to the renewal agreement. Here’s how and why we did such a thing.

LEASE BREAK CLAUSE

All of my leases are set up as a lump sum fee. This means that if the rent is $1,000 per month, then the lease is a legal binding agreement for $12,000 for the year. If you wanted to leave 6 months into the agreement, I could hold you accountable for the entire sum. In reality, this wouldn’t happen. I’d have to show a good faith effort to re-rent the property once the tenant vacated the property, and they’d only be responsible for the time it was vacant, at most.

The point here is that there is no section of my lease agreement template that allows the lease to be “broken,” and the tenant to leave “early.” In some instances, a tenant will request the flexibility to leave early, and we typically charge up to a month’s rent for that ability. We most often use this for tenants that expressed interest in buying a home. There are some other fee structures that we use depending on the circumstances, but this will focus on those instances where we know in advance that this is a possibility.

ORIGINAL LEASE AGREEMENT TERMS

The tenants had signed their original lease in June 2020. From the beginning, they were clearly money savvy. They had said from the beginning that they were looking for a place they could live until he finished his schooling, which was about 2 years away. They negotiated a two year lease for $1,280. In September 2021, so 6 months before their lease was set to expire, he reached out with an offer. His program was set to end in May 2023, but they didn’t want to commit to any longer than that since he could be placed anywhere upon graduation. He asked to go month-to-month after that.

We agreed to extend their lease until May 2023, but it would be $1,300 (instead of $1,280) between 7/1/2022 and 5/31/2023. We decided not to engage in the month-to-month conversation that far in advance, which he understood.

In March 2023, we started discussions on their status. They were about to have a baby, the market had cooled for buyers, interest rates were high, etc. They didn’t want to rush their buying process. Instead of paying the premium for a month-to-month lease, we decided on another year-long lease, but it would have a “lease break clause.”

NEW LEASE AGREEMENT TERMS

The new lease was executed for $1,350 per month, which was still a bargain for their property. However, we added lease break provisions, as seen below.

The thought process here was that we were protecting our financial interests based on the time of year. First, we required a month’s notice. Our original lease already states that we can have access to the property to show it to prospective tenants, so that wasn’t repeated here (although it is worth noting that this in our lease agreement, since renting while a unit is occupied is not always a given; we struggled with our property manager in KY getting access to our properties (that was a property manager issue)).

I don’t know if there are facts to back this up, but it seems (through my own years of renting, as well as all these years as a property manager) that most people are looking for a rental to be somewhere between May 1 and July 1 as the start. A quick search tells me that the common months are May to September. However, in the south, we start school in mid-August. If you’re not moved by August 1st, I’d venture to say you’re not preferring a September 1st start date.

If the tenant left in the summer months, then the fee was only 1/2 of a month’s rent. We had a good chance of being able to re-rent the property if it was during the summer and before everyone focusing on back-to-school in the end of August/September. If they requested a lease break between September and the end of March, then it was a full month’s rent. This was due to the fact that the turnover process was going to be longer than our typical turnaround, and it would put us at a disadvantage in re-renting the property down the road. We then put that there would be no fee if they left in the last two months of their agreement because 1) we’d likely be able to rent it quickly, and 2) as a way of showing that we’d meet in the middle since they were such great tenants.

EXECUTION OF THE LEASE BREAK AGREEMENT

The tenant had used our property manager as their Realtor for a new home purchase. She tipped me off that they’ve be giving their notice shortly, sometime at the beginning of November. I naively thought that meant they were newly under contract, but by the time their notice was given, they had already closed on their new home. They purposely waited to give their notice so that they had time to move their belongings without being rushed (which is fine; I don’t know why that reads negatively). On November 24th, they let us know that they’d be leaving by 12/31.

While the fee was due upon notice, per the lease agreement, it wasn’t something I was willing to fight. If you’re a good tenant and hold the lines of communication open, I’m happy to treat you as an equal. They paid the fee on 11/29, and then they paid their December rent on 12/4.

LESSONS LEARNED

Honestly, it worked just as planned. We weren’t able to rent the house for January. The lease break fee alleviated the pressure to settle for a tenant just to fill the house because we had the month’s income already accounted for. We’ve done something similar in the past, and this set-up has worked well for us. It gives a little grace to the tenants and real life needs, while still protecting our interests as business owners.

We put the same type of clause in another tenant’s lease. They executed the clause on February 23rd, letting me know they’ll be leaving by the end of March. If they broke their lease in March or April, there was no fee (their lease was set to expire April 30th, so it’s one month early).

Their are times where a tenant doesn’t know up front that they’re going to find a house they love or a job is going to move them. We handle each on a case-by-case basis. Generally, it’s either going to be a month’s worth of rent as the fee or it’s going to be a fee of $250 (the amount I pay to the property manager) and they pay rent until we find a new renter (which has never taken more than 6 weeks, and is typically a few days turn around for me).

The Mentality from an MLM

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These days, you’re probably not immune to being asked to join or buy from a multi-level-marketing (MLM) business. Also known as network marketing, it a way for companies to sell their product through individuals who market product(s) to their sphere of influence. It gets a bad reputation with “pyramid scheme” and the like, but it’s legitimate and makes sense if you take the time to step back and learn about it instead of repeating the rhetoric you’ve heard from your parents.

Our experience with an MLM led to being open to buying rental properties, which eventually led to me quitting my job and being happy outside of a career. Here’s what I learned by keeping an open mind to an MLM, even though we make $0 from that business today.

This is my experience with our time in an MLM. Mr. ODA would probably have something different to say. 🙂

AMWAY

BACKGROUND

By now, you may have seen the documentary on LulaRoe. Our experience was with Amway, and it was different from how LulaRoe operates. Now, Amway is the black sheep of the MLM world if you go just based on name. They’re one of the original MLMs. But they sell good products in the health, beauty, and home cleaning genres. As a “consultant,” you’re called an “independent business owner” or IBO. I thought the best part was that there’s no inventory you need to hold. If you want to do “parties,” then you need products on hand. However, it’s much different than how LulaRoe would have hundreds of leggings on hand and makes direct sales out of their on-hand inventory. To earn money, you can recruit more business owners, or you can have customers who just order directly from the Amway website each month. You make money off of what your customers buy, as well as the income that your IBOs below you generate.

TEAM SUPPORT

There are multiple “teams” associated with Amway. It’s the education arm of the business. Our team met once a week, and you were expected to be there if you really wanted to be in-the-know and considered serious about growing. They helped you structure your business to take advantages of bonuses offered by Amway, and they taught a lot about having the right mentality. Their goal was to foster personal and business growth, provide mentoring and coaching, and provide the tools to grow your business through conferences and seminars.

This is where we got our start. I know it’s hard to believe, but we both were exposed to a lot of growth through this team. The things we learned through the meetings and books we read during these couple of years gave us the courage to make the big decisions we did, getting us to currently having 13 rental properties.

THE CASHFLOW QUADRANT

Our introduction to the business was started by being given Rich Dad, Poor Dad by Robert Kiyosaki. The book references an earlier book of his, the Cashflow Quadrant. Each quadrant has its strengths and weaknesses.
– The upper left corner of the quadrant is for those who have Employee mentality. This is someone who is trading time for money. You work an hour and earn $20. If you’re not working, you’re not earning. You’re making money in someone else’s system, and there are people over you who are making more than you (e.g., a supervisor is making more than a secretary).
– The upper right corner is for Business Owners. You own a system that works for you. You have passive income in this quadrant. You may have an employee that is generating income that you earn.
– The lower left corner is for Self-employed people. Here you’re still trading time for money, but you have control over how much you earn based on how much effort and time you put in. This is a risky area because you don’t have security and may not have an established system to rely on and project your income.
– The lower right corner is for Investing. Your money makes money for you. This can also be risky because you’re not guaranteed positive returns on your investments. If you want to make a lot of money, you need to take on more risk.

The point here, according to the team we were on, was that you want to be a business owner. You want to generate passive income so that you’re not trading time for dollars. While someone else is selling to a new customer, you’re earning a percentage of that sale while not doing anything. As you grow your Amway business, you have more and more people generating income through these sales, which you get a percentage of. The kicker is that you need to hit a certain level within your own business before you earn. We set up recurring purchases to use the products we were selling, and had customers set up with recurring orders, so that we could hit that threshold to be eligible for the passive income.

OUR MOVE FROM MLM TO REAL ESTATE

The biggest hurdle to our success was the price of the products. We aren’t someone who values a better quality to be able to justify the higher price. There are people out there that value this, but it’s not our passion. A peanut butter meal bar comes to $3.14 per bar as a customer order (as an IBO, you get the product at cost, which would be $2.82 per bar). The peanut butter granola bars we buy are $0.50 per bar. Clearly, this isn’t a marginal difference in our expenses. The products were good, but not good enough for our finances to take such a hit. I tried to focus on the beauty side of the business and held parties where I recommend products and let women try it. I had passion behind it, but I wasn’t someone who washed my face regularly and put lotion on. I could see the benefits, but I wasn’t practicing what I preached, and I lost my drive.

The next hurdle was location. Our original meeting was with our specific team within the larger team (based on your “pin level,” you had a meeting with the people who were your “downline.”). We moved down to Richmond, and our closest meeting was Fredericksburg. It wasn’t insurmountable, but it was a 40 minute drive there and back once a week. The larger team would all come together in DC every quarter for a conference. We felt like time started moving faster, and we weren’t close enough to make these our friends between conferences, and so we stopped attending the big conferences. Then we stopped attending the weekly meetings. Then we cancelled our team membership. We still maintain our Amway IBO number, since it’s just $62 per year to do that.

The thought process that we learned from their weekly teachings and reading books we probably wouldn’t have read otherwise led to our desire to generate passive income. Mr. ODA had already been interested in the concept, and then when we were talking about venturing down that path with our Realtor selling our Northern Virginia home, he really got the urge to pursue it.

When we sold our Northern Virginia home, we had about $120,000 in our bank account. About $70k of that went to the downpayment and closing costs of our new house. The remaining went to finding a rental property… or two.

REAL ESTATE, PASSIVE INCOME, AND NO JOB

Real estate is in the business quadrant, but it’s not completely passive income. Truly, the Amway business wasn’t completely passive because you still needed to have the sales (either through your purchases or customer purchases) to be eligible to earn all the passive income available to you in the business. Most months with real estate, I take the rent money, pay out our mortgages, and that’s it. Sometimes I need to make some phone calls to contractors. However, we have to do very little to maintain our business of investment properties. We can also decide that we don’t want to field the phone calls and hand off the rest our properties to a property manager for 10% of rent. If we don’t have a new property or a property to turn over, then we probably put about 100 hours per year into managing the houses.

We knew we didn’t want to be in the employee mentality for the rest of our lives. Funny, because my goal when I was in college was to work for a “big 4” accounting firm and spend 80s hour per week at work. Then I started working for the government, and my goal was to be CFO in my 30s. Then I got to the headquarters office in my late 20s and hated the environment, so I decided I wanted to be no more than a state office’s financial manager. Then we had kids, and I decided I wanted to be home with them to see all the little moments. Things sure did evolve.

I believe that the time we spent with our Amway team changed my heart. I believe that time was important for me to see a different lifestyle and a different mentality. I don’t know that I would have seen the benefits of pushing ourselves to buy more rental properties had I not seen a lifestyle of entertainment.

I started to realize it would be nice to spend time with my family while the kids were little. Who wants to wait until retirement to spend time at home, when your kids are grown and moved out of your house? Why not spend the quality time in their early years? Let’s travel more and experience more in life. Let’s have more time with the kids than the hellish hours of 5 pm to bed time.

Our cash flow each month is about $7k, just based on the rental properties. That doesn’t include expenses that come up, and every once in a while we get hit with a major system that needs replacement, but most of the charges are a couple of hundred dollars here and there. Some days, I wish I could still do what I loved to do in the transportation world, but I don’t miss the office politics and the moderately strict work schedule.

I’m happy for all the experiences that have led me to this point in life. Perhaps you can read Rich Dad, Poor Dad or Cashflow Quadrant and learn a little bit more about all the options out there. Perhaps you just didn’t know that there are opportunities out there where you’re not trading time for money, or where you’re not cushioning the pockets of an executive while you make a certain salary. Perhaps you just needed your eyes opened to the chance to make your money work for you. Or, perhaps you’ll learn that you like the stability of being an employee, and you don’t want to change. But I urge you to take a look at the options and see what works best for you, now that you’re away that there are options.