Q: Bat infestation requires rental to be vacant for treatment (health reasons). The process is expected to take 6-8 weeks.
We have a roof leak that can not be repaired until the bats are removed and guano cleaned. Can we terminate our tenants lease two months early (not charging any further rent and return security deposit) and require them to vacate?
A: If you have a lawyer you really need to ask them about this problem. If not, you should hire one.
Meantime, the terms of the written lease might contain a clause that allows you as the landlord to end the lease early because of some "act of God" or similar language--perhaps related to the public health problem existing because of this bat infestation. If you decide to terminate you should give your tenants as much time as possible--rent free--and also return all their deposits, etc.
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