Profile picture for Longleaf

Tenant leaves but wants to keep contract

I have a tenant that signed a 12 month lease, they have 3 months left on the lease and they bought a house and moved out. They want to keep possession of the lease though until August when the lease is over. However I have a management company running the property for me and we are now in the process of re-listing the house. The option is the tenant breaks the lease (which they wont) or we release them from the lease if we locate a new tenant. If we release them from the lease agreement, are they then not liable to the provisions in the contract (carpet cleaning, flea and tick treatment due to animals, etc)?
I would rather just get a tenant in as quickly as possible because who knows if they will actually pay the rent they owe for the next 3 months. We have a one month deposit sitting in escrow as well, but now the tenant is as the management company states "being a bully" over what they have to maintain (water bills, electric bills, grass cutting, etc) and threatening to take us to court (over what? they feel they paid too much in heating/cooling costs). We say, lets go to court if you want too and good luck since they had their own contract with the electric company. I just feel like this is a unique situation that I want to be done with as quickly as possible, any ideas, suggestions or thoughts would be more than helpful. We are in Virginia by the way.
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May 24 2013 - US
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Profile picture for wetdawgs
This is a  good question for your attorney.

As long as they are complying with the terms of their lease (paying rent), then you (nor the property management company) have no authority to start prepping it, relisting it and showing it.  (Should the property management company do so, be prepared for being taken to court).    If the tenants stop paying rent, then you will have to go through the legal steps of eviction.

Perhaps you could consider buying them out of their remaining lease so that you can move forward.
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May 24 2013
 
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