lease terms – One Dollar Allowance

Risk Taking

June 29, 2024mrsonedollarallowanceLeave a comment

We’ve hit some pretty big milestones financially. Mr. ODA casually mentioned a certain number by a certain age, but our goals were more associated with quitting our full time jobs. I quit my job in May 2019. We’re in a situation for a couple of years where we’ve been ready for Mr. ODA to quit, but we keep pushing the date back because his job isn’t preventing us from doing the things we want to do.

How did we get to the point where we replaced my income and I could quit working without scaling back anything financially? We took risks. Some of them were big ones. Some of them weren’t so big, but they felt big at the time. Most risks worked in our favor, but some did not.

RETIREMENT ACCOUNT LOAN

Mr. ODA and I both worked for the Federal government. Their version of a ‘401k’ is the Thrift Savings Plan (TSP). There were two loan options that were available: a primary residence loan or a general purpose loan. You then repay the loan back to your account with interest (the interest is paid into your account as well). When we took our loans, the rate was just over 2%. According to tsp.gov, the rate is currently 4.75%. There’s a fee of $50 to take a primary residence loan and a fee of $100 to take a general purpose loan.

While you’re missing out on the compound interest of your account when you take the loan, the ability to buy our own house, create that equity, and be at the beginning of our careers made the decision easy for us. We made extra payments during the repayment period, and we were able to adjust the regular payments up and down based on our financial needs each month. We have no regrets in our decision.

ADJUSTABLE RATE MORTGAGE

An adjustable rate mortgage (ARM) sounds scary. A variable rate. Most people are used to locking in a 30-year mortgage. I’d venture to say that most people also think they know what an ARM entails, so they don’t even consider it. We considered it. We looked into it in great detail. We couldn’t see why more people didn’t use it. We actually were very hesitant over this decision the first time because an ARM’s reputation is very negative. However, we took our time to lay out the numbers and see what would work best for us.

The first time we used an ARM, we knew we had no intention of being in the DC area for more than 5 years. By using an ARM, we saved thousands worth of interest in our mortgage payments over the three years we owned it.

There are several “fail safe” parameters in an ARM. For one, you do lock in a rate for some period of time. We considered 5 year, 7 year, and 15 year options. Then after that period of time, your rate can only adjust within the contractual terms. For example, we have one rate that can adjust 2% in either direction at the 5 year mark, and then 1% for each of the following 4 years after that, with a cap of paying a maximum interest rate of 7% (this is an old loan, clearly). The rate adjustments aren’t a given, and they’re adjusted based on the prime rate at that time, not based on the whim of the bank or the maximum it could increase.

We also ran the numbers based on the interest rates. An ARM’s incentive was that the interest rate is lower than the 30-year conventional loan rate. I don’t have the details since this post is more of an overview, but the ARM saved us money we paid towards interest. Interest is a higher percentage of those earlier payments in an amortization schedule. We either sold the house or paid the loan off early, so the ARM adjustment never came into play, and we saved all that interest cost.

BUSINESS/COMMERCIAL LOAN

A series of events had us asking a local credit union about loan options. They offered us a commercial loan. This one has a big catch though: there’s a balloon payment. Our loan is amortized over 30 years, which is how our payments are calculated. However, the balance of the loan is due at the 5 year mark. That balance is going to be about $175k. We have no plans to pay that off by that time (we aren’t even making extra payments towards it). We will refinance it. The pro here was that our interest rate for a loan closed on in 2022 was 3.625% (when mortgage rates were in the 5% range). Hopefully by 2027, interest rates are lower than they are today; this is a gamble at the moment.

PARTNER

There’s a cap in the “Fannie/Freddie” world of the number of mortgages a person can hold. That cap is 10. There was a point where we had completely leveraged ourselves and ran out of room. We had a Realtor friend interested in more rental properties, and he agreed to front our down payments, which we’d pay back with interest, and have a 50% share in the houses.

We signed an agreement with him that outlined our payments to him for the down payment he covered (which we paid off in about 3 months), and it established our 50% shares in the two houses purchased via this method. We purchased the houses in April 2018 and February 2019, and put them in a limited liability corporation (LLC). Each month, I collect rent from the houses and pay out our partner’s share. These houses don’t ask for much (one has been rented since before we owned the house and one has a tenant that has been there a few years), but if they need something, I handle coordinating the maintenance request. We should have set up a schedule where I’m paid for my time since Mr. ODA and our partner really don’t do anything for these houses, but luckily the requests are few and far between. We split all costs 50/50.

RENTERS WITH COMPENSATING FACTORS

I have several examples of entering into lease agreements with tenants that don’t have a perfect record. In these instances, we typically request some sort of compensating factor (e.g., a cosigner, an additional security deposit). We give everyone the chance to tell us about their financial and rental history before we run a background check on them (telling us doesn’t cost anything, but a background check does).

We had a prospective tenant not disclose a bankruptcy on her record. I could have immediately disqualified her and her husband, but I gave them a chance. They lived in that house for a year. They only moved because his job after grad school took them out of the area, but they set us up with a new tenant at their departure, and she stayed there for several years. Then they moved back to the area, and they requested a house of ours. We had one available, so we happily had them move into it. There’s one success story from giving someone a second chance.

I also have a couple that doesn’t have a happy ending. We had purchased a house without vetting the area. I had fully vetted a house two blocks away, but I learned my lesson that the crime of an area doesn’t need more than one block to change its ways. This house was in a bad area. The house itself was adorable. It attracted wonderful people to come see it, but they’d check the crime history of the area and decline applying (understandably). Someone came forward with a 448 credit score. That’s pretty bad. She wrote a really nice letter though. She disclosed everything up front and said she just wanted a roof over her and her son’s heads. I believed it. We then spent months and months struggling to get her to pay her rent, even offering her a payment plan several times and changing her lease structure to allow her to pay twice per month (hopefully eliminating the constant late fees she was accruing). We eventually gave her 30 days notice to vacate the premises due to lack of payment. She didn’t even make it a year. Instead of listing the property for rent, we ended up selling it. That was a whole other debacle where we entered into a contract to close by September of that year, but we didn’t close until the following January due to the lack of financial qualifications on the buyer’s end.

PAID OFF LOANS/MORTGAGES

This doesn’t appear to be a big risk. What could go wrong with paying off your mortgages? Well, if we didn’t have a cash reserve, and there was an emergency, then we paid off these loans with the cash on hand, leaving nothing to cover that emergency. However, those dooms-day concerns rarely come to life, and we had continued cash flow that replenished our accounts.

The positive here is that we freed up cash flow. Instead of having mortgage payments to make every month, we now have the cash to go into savings or towards any higher-than-expected bills. Besides the house we sold, we’ve also paid off 6 mortgages. That means that we’ve paid less interest to the banks, and that’s more money in our pockets.

We haven’t paid off any other loans because they’re all below 5% interest (they’re actually all below 4% except for 1 with our partner, and we would need his buy in the pay that off, which he hasn’t wanted to do). After payments to mortgages, our property manager, our partner, and utility payments, we have over $8,000 in cash flow per month. I will note that this doesn’t include things that I need to save up for each year to be able to afford (e.g., taxes and insurance), and it doesn’t include maintenance needs that crop up. Cash flow is important for us because if Mr. ODA quits his job, that’s less income to offset our regular personal expenses.

FINANCIAL AWARENESS

On any given day, we’re weighing several financial decisions fluidly. There are the givens that we have to pay the bills that are out there. I have to pay all the mortgages and utility bills. I weigh the best time of the month to pay each bill, which means that I may not pay them as soon as the statement arrives, but may wait until closer to the statement due date (but never carrying a balance unless it’s 0% interest). Then there are the options such as paying additional payments towards a credit card with a 0% interest rate, additional principal payments to a mortgage, or additional investment plans. We’re not looking to apply for any loans, so the $9k balance on a 0% interest credit card doesn’t have any attention of mine except the $500 I pay each month. I have it marked on my calendar when that 0% introductory rate expires, and I’ll have to pay the balance in full.

Our money is handled by a full, big picture, approach. Each day, there’s a chance that we come to a fork in the road and make a different decision because the variables changed slightly. We don’t put our money into “buckets” or “envelopes.” In my experience, people who handle their money like this end up overspending.

We hit our goal to replace my income well before our son was born, but then I kept working until he was 9 months old. While I was still working, we could have easily said, “we hit our goal, but since you’re still working, let’s put all that money into a slush fund of some kind.” When people see any “extra” money, they then look for their next splurge. They feel they deserve something for saving money instead of putting that extra money to work for you and your future.

There are those “autopilot” moments in our finances, but when it comes to making a big change, we put pen to paper and check the details. We aren’t going to take $100,000 out of our investment accounts to pay off a 2.5% mortgage. But one day, we will have to consider what to do with our loan that has a balloon payment, which shows it’s not a hard and fast rule that we won’t pay off anymore loans early (because if interest rates are still at 7.5% in 2027, it may not be worth refinancing that balance).

LIVE SMART WITH INFORMED DECISIONS

Take the time to make informed decisions and research the data for yourself. Run models with the projection of money to see for yourself if it works in your situation. Don’t spend your days listening to other people’s opinions on actions. If we had listened to opinions, we wouldn’t have taken a TSP loan or taken out ARMs.

We’re at over $4 million net worth, have a solid cash flow (which is important because if our net worth of $4 million was tied up in a retirement account, that wouldn’t give us the ability to live comfortably now), and have plenty of money going into accounts for the future (for both us and the kids). Our spending is managed regularly with an ingrained thought process. Take the small, first step for yourself without other people’s opinions weighing you down.

If you want to live differently from everyone else, you have to take action and think for yourself.

House 4 Turnover

June 7, 2024June 3, 2024mrsonedollarallowanceLeave a comment

We had a long term tenant in this house, who moved out last Spring. We luckily had someone lined up looking for a place to live. There were a few red flags from the beginning, but I went with him because he was a friend of an old tenant of ours. Rent was always paid on time, and everything went fine. Unfortunately, there was a public incident at work in the Fall and he was let go. He asked if he could be released from the lease so he could move back home.

I wasn’t interested in making anything more difficult for them. I didn’t ask for a lease break fee; I just asked that they continue to pay rent until we found someone who could take over the property. It was winter and holiday time, which is least favorable time of year to be finding a renter. They gave notice at the end of November and we listed to house right away. We did our due diligence to get someone in there as best we could, considering it was Christmas time and the middle of winter. The tenant paid January rent on the 1st, as required. Luckily, we were able to get someone moved in on January 5th. The tenant didn’t do anything wrong to the property, so I gave back his security deposit and the January rent they had paid.

TURNOVER

The original tenant had essentially vacated the property, so we were able to get in and do some work to it. The entire place was painted and had extensive maintenance needs met over last summer (after the long term tenant), so this was an easy task to get it ready for a new tenant.

We received a notice from the city that the yard needed to be cleaned up, so we had the tenant go over there and do the work. There was a tree limb that had fallen (and wasn’t reported), so we had someone go clean that up and the rest of the yard for $100.

Several years ago, we had replaced most of the windows in the house. There were 3 windows that were either fine or oddly shaped, so we didn’t replace them. That was a mistake. We ended up spending the same amount on 3 windows this year that we did several years ago for 6 windows.

The front porch of the house is seldom used. The driveway is in the back of the house and leads straight to the kitchen door. The entire front of the house is fenced in too (the house has a huge front yard and small back yard). Due to the age of the house, that it’s a rental, and that the front porch is rarely used, it wasn’t in great condition. It was finally time to replace it. We had our handyman rip out the stairs, banisters, and floorboards to replace it all; it cost us $1,640.

The kitchen faucet wasn’t working right, so we had our plumber replace it. He also tried to flush the water heater to extend the life, but it was broken enough to replace it. We needed a special size because it fits under the counter in the kitchen, so that was $1500.

Other than a clean from our cleaner, that was all that we needed to do.

TENANT SCREENING

We had 4 sets of people show interest in the property. One withdrew her interest form after checking the sex offender registry (understandable, but it is a city home, so that’s not surprising). I was interested in another guy who was retired and seemed handy, but as time wore on, there were several red flags. Another person tried to convince us that his day-trading of stocks qualified him to pay us rent each month, so he was disqualified for not meeting income requirements. Finally, a couple showed interest, and my property manager said they seemed like a decent option in person, so we went with them. At the time, I didn’t really comprehend that one of the tenants was only 20 years old. That comes into play when he shows his age and inability to handle a mature conversation about rent payments a couple of months later.

Due to the unexpected timing of turning over this house, we ended up with an 18 month lease. We didn’t want a 12 month lease, leaving us with another winter turnover. Even though their lease started January 5th, I counted the full month and ended the lease on June 30, 2025. I like a May 31 or June 30 lease ending the best because it seems to be when the most people are looking to move. Once you get to July 31st, most people (in the southern states, at least) are looking to have already been settled in the school district they wanted.

TENANTS THUS FAR

Well, since I had plenty of posts teed up, I’m only getting to post this now, months since they’ve moved in. That means I have a sample size of their tenancy to share, and it’s not good. They’ve had a lot of complaints, which is interesting to me since the previous tenants didn’t seem to have many issues with the house. It’s a 1943 house. It’s not perfect. It’s not spacious. But I assure you, the house is exactly what you see when you first tour it. It’s a cute, little, old house.

The tenants used Venmo to send the first sets of payments when moving in. For some reason, they decided to switch to Zelle; in doing so, they didn’t follow the instructions I gave them, and are sending them to an account I’d prefer them not to, but oh well. In March, rent arrived on the 6th. I was bothered by it, but I let it go. Then for May’s payment, we hadn’t received it by the 5th in the evening. Our property manager reached out to them to ask if they planned on paying that night. They said they had already paid on the 2nd. We explained that we hadn’t received it, and we still see no indication of it arriving electronically. He sent a screenshot of his bank’s information, which did confirm a payment on the 2nd. We said ok, thanks, and we’ll check in the morning.

He then went off the deep end. He attacked us, as if we just sit around pretending we don’t receive money so they’ll send more money. At no point did he stop, think, logically read our messages, and respond politely. He continued to berate us and the property manager over this, where we carefully explained that sometimes there’s an additional verification step required so that this 3-5 day hold doesn’t affect when rent is due. He kept saying he was completely verified and that it’s our bank not accepting the money. That’s not how banks work, but ok.

He eventually agreed to use Venmo. I went back to his January payments, liked them, and ‘friended’ him on the platform so that he’d have the right account in front of him. He did pay June’s rent on time and via Venmo.

In his berating of the house, he talked about how the house was awful. The house that they walked through and agreed to rent. The house that is very small and very old, but is clean and operational. The house is nothing special, but it’s a house with rent under $1000 in 2024 and decent access to the activities in the city.

They complained that the light in the oven was stuck on. They didn’t want to pay to run that electricity in a house that already had a high electric bill. It’s an 800 sf house; if you’re paying $350 per month for electricity, I’d say you’re doing something wrong. All systems in the house have been serviced and/or replaced recently. All the windows in the house are no more than 5 years old. We had our plumber lined up to handle this for us (he’s a good guy!), but they figured out what to do differently to get the light to turn off. What frustrated me the most about this complaint was that they acted like I purposely broke their oven 3 months after they moved in (and I live in a different state), and yet I’ve been very responsive to all their requests for maintenance.

SUMMARY

Overall, everything is fine. They have a lot of growing up to do. I hope at some point they learn that you catch more bees with honey. For now, they’re there until the end of April. We’ll see how the next several months go, but at this point, I’m interested in finding someone else. Based on their hatred of the house, I expect they’ll move out on their own accord regardless.

House 9 Turnover

April 4, 2024March 4, 2024mrsonedollarallowanceLeave a comment

I recently posted “Lease Break Agreement,” where I went into the concepts we used to determine a lease break clause in our renewal with a tenant. The purpose of our fee structure was directly correlated to the time of year and probability of turning over the unit quickly. As I suspected, it took us an entire month to find a tenant. The lease break fee was one month’s rent, so we didn’t go without income during that time, but we also didn’t net a positive.

The tenant gave us notice on November 24th. Our property manager listed the property on November 26th at $1700. The higher price points are worrying me. While the market may claim that this is a fair rate, it doesn’t mean that we have a large pool of qualified candidates for this amount per month.

TURNOVER WORK

The house was painted before the current tenant moved in a few years prior. Unfortunately, some of the rooms were addressed, but not all of them. And the ware of time hit the walls all differently, so it looked like different colors of paint. I asked our property manager to get her painter over there and give all the walls a fresh coat. It looks great. That was $2,000.

I had a carpet cleaner come out and a cleaning company come out. The cleaners forgot about the refrigerator and had to come back. But otherwise everything looked great for less than $500 together.

The front porch was starting to sink. So while this wasn’t an activity done before someone moved in, we do have our handyman working on replacing the back deck, the trim around the back door, and the front porch (he jacked up the supports and is replacing the railing and stairs). I don’t even know what this final cost is yet, but it’s a lot.

APPLICANT #1

We had a lot of interest; hardly anyone qualified. After getting through some of the weeds, we did have a couple interested that appeared to be a good fit. They viewed the property twice over a week to be sure it was a good fit. The application was received on December 13, but it only listed one of the two adults who would be living there. We require all residents 18 years and older to complete a background check. We didn’t expect an issue with that since she works at a school, but it didn’t go well. Due to the holidays, their applications weren’t received until December 26th. She had several collections on her history. However, since he qualified on his own without her income, we agreed to overlook her lower credit score and collections history. I set up the lease with their names and sent them over.

We were excited because they wanted a January 1st rental, which meant we wouldn’t have any loss of income and would be able to put the lease break fee back into the house easily. They asked us if we would clean the carpets and clean the outside of the house. We agreed to the carpets and said that they outside of the house (mildew) would have to wait until warmer weather, but that we would address it.

Technically, all my tenants are supposed to clean the carpets and provide a receipt upon departure. However, I don’t hold this to anyone unless they were a real pain. A couple of hundred dollars out of my pocket and a happy ex-tenant is how I’d prefer to keep it (you’d be surprised at how many ex-tenant referrals we’ve had).

Suspiciously, they then withdrew their interest. I wish I knew why. I don’t know if their circumstances changed, if they were hiding information we hadn’t found on our own that caught up to them, or if something in the lease spooked them. If it was the lease, I wish they would have asked questions because we’re so easy going. I could have either explained why it’s there to protect them/us, or changed it.

So while we were a month ahead of schedule with being able to list the house, we now have a vacant house with no prospects. The goal is always to have the house ready to re-rent with little down time.

LISTING CHANGE

The market for the area called for $1600-1800 in rent. We originally listed it at $1700. It made me nervous. When the initial applicant backed out, I immediately adjusted the rent to $1650. We had plenty of interest at the $1700 amount, but it wasn’t worth weeding a few people out because they didn’t want to go that high. I decided to risk it with only a $50 decrease, since people would be able to see the decrease (and I try really hard to list it at the right price so I don’t have to do a price adjustment, but a December listing is hard to nail on the head). Again, we had a lot of interest, but few qualified.

APPLICANT #2

Two twenty-something men saw the property and asked to apply on January 11th. Neither of them had a job. Seriously. Neither had a single dime of true income, but wanted to commit to $1650/month in rent. Noteworthy was that they wanted us to consider that he had the potential to make $40k per year day trading stocks. We asked a few questions. They said they thought it better to find housing and then find a job. We suggested they try to find work and then live where they find a job (they had just moved ‘home’ from about an hour away).

APPLICANT #3

A woman showed interest who appeared to qualify on the surface. My broken record is to tell me things up front and be open with communication. I can’t help you if you don’t help me. Her information on paper looked fine. I’ve learned over the years to check the local jurisdiction court records myself, instead of relying on the background check. I’ve also tried to look things up before they submit their application; this way if there’s anything out there, they haven’t given us money for the application to not be used. During my search, I found several garnishment cases. Like a lot. An unreasonable amount of court records for a single person. We denied her interest form and did not pursue an application.

But on January 16, she asked for us to reconsider and explained the garnishment. There was one point deducted because the woman’s email asked if “he” as the landlord would reconsider her application (why can’t a friendly, reasonable woman be the landlord? 🙂 ). I didn’t appreciate that the garnishment wasn’t disclosed up front. However, she did explain what happened. It sounded like she was told that there was nothing due, made no payments, and then this debt showed up that she didn’t know she owed, but she’s been working a second job to pay it off. Honestly, the documentation didn’t clearly support the story, but my gut reaction was to believe her.

She also had three evictions recorded on top of this garnishment. The evictions appeared to be filed immediately upon unpaid rent by an apartment complex management company, and then the rent paid before the court date, thereby clearing the debt. I expect to have future issues with rent payments, but I suspect it won’t be anything more than I’m used to handling (e.g., where a tenant needs an extra week or so to make rent).

Our property manager appreciated the in-person interaction with this person, she was well written and well spoken when making her case to be accepted to apply, and overall it seemed worth giving her a chance. I’m also a sucker for giving borderline qualified individuals a chance. I think I’m 50/50 on it working out for me.

The lease was signed on January 18th. We agreed that she would pay the security deposit, first month’s rent, and last month’s rent. The last month’s rent was an additional way for us to hedge our bets with her unqualified application background. This is a “compensating factor.” Since she did not qualify according to our list of requirements, we’re taking an extra fee as insurance to our business interests in this property. We typically will work with someone on compensating factors so that they get a place to rent and we don’t lose out on too much in case our olive branch doesn’t work out.

She paid the security deposit with the lease agreement signature and paid first month’s rent on February 1st. We agreed to give her until February 17th for the last month’s rent. She was asking for a later move in date because she didn’t have all the money up front, but I didn’t want to cause extra stress on her moving plan/date over that.

FINAL THOUGHTS

I don’t even know how many people actually saw the property, since my property manager handled that. However, I know it was a good amount. I typically handle it where I set up an “open house” style visit window for people to come through (so many people claim they’ll show up to a scheduled appointment, and they don’t). I believe she tried to do this at the beginning, but it was taking so long to find a qualified applicant, that she ended up having to do one-on-one meetings.

She has them fill out an “initial interest” form after the showing. For the most part, I do that after the showings as well. However, it does help if you’re scheduling individual appointments to have people fill this out before hand. You want to know ahead of time if there’s even a chance of them qualifying. You don’t want to take time driving to/from an appointment and letting them looking around the house, only to find out they have a criminal background and/or less than favorable credit history.

THERE IS NO CHARGE FOR AN INTEREST FORM. If you are a tenant looking for a place to live, do not pay anyone anything until you’ve seen the property. There are a lot of scams out there where “landlords” are claiming they need an application before allowing you to see the property. They’re listing places “for rent,” that they have no vested interest in. People who recently sold their house, so pictures are available to use, are the ones finding out that people are driving by and looking around their house because someone claiming to be a landlord collected an “application fee,” with no intention of showing you the house or renting it to you.

So while this person didn’t expressly qualify based on our list of requirements to rent one of our properties, I felt like she deserved the chance. I feel bad when someone’s previous life choices immediately disqualify them, and I enjoy giving people a moment to voice their side of the story. Sometimes, their story is enough to solidify a denial from us. But sometimes, it appears worth giving them this opportunity to right their wrongs. I also feel good that I didn’t feel pressured into making a decision just to recoup vacant days on market, but that I made a logical decision. Now let’s see where we end up with this property in 18 months, and whether I still think it was a good decision!

Lease Break Agreement

February 29, 2024February 29, 2024mrsonedollarallowanceLeave a comment

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).