My apologies - I was not specific enough. I mean that I want out of the rental contract to proceed with the sale. Yes, the original close date did pass, but I am certain that we will close now. Of course I will give the renter her money back and I have even offered to pay one month of her expenses while she finds an alternate. I have even provided alternate listings, explaining the situation to other landlords to see if we can get her something. I do not want to leave her in the lurch - she is living in a hotel with her daughter right now after moving out of her parents home to wait for my house. However, I must ultimately do what is best for my kids and I, and that is selling.
So what is the prospective renter's take on it? Is she willing to accept your offer to terminate the lease? Does the lease agreement provide for what happens if one party or the other wishes to terminate?
She is thinking about what she wants to do now. She obviously wanted the house and since she has spent money on a hotel while waiting, is understandably upset although I have told her why and she also understands that. The lease agreement does provide for either party terminating in that each may be liable for attorney fees and court costs. However, the agreement was only signed and because I was waiting until I found another home, did not have a commencement date entered - we were going to do that when I gave her keys.