I currently have a tenant on a one-year lease (with a start date of Jan 1, 2012) and I have family member/significant other who needs to move in to the space. With proper notice to the tenant and a refund of any monies/deposit due, can the lease be terminated with a 20-day notice?
The short answer to your question is NO.
The tenant has the right to remain in the property for the full year as long as they do not violate the terms of the lease.
There is no attorney client relationship between the persons who asked and answered this question. You should always consult an attorney for specific legal advice.
Mr. Visser is correct, a lease for one year binds the parties for the entire year regardless of the reason for wanting to terminate the tenancy.
An option that you may use is to make it worth the tenants while to move early. See if the tenants will agree to move early in exchange money and/or moving costs. The tenants have no to duty to come to an agreement with you, but the more you sweeten the pot, the more likely they will be coming to an agreement.
This answer is for informational purposes only and should not be construed to establish an attorney client relationship. Before taking any legal action, it is always advisable to discuss your specific situation with an attorney.
I agree with both answers and financial incentives along with relocation assitance will be your best bet.
Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline