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How To Break a Lease

A lease is a contract between a tenant and a landlord that allows a tenant to live in a residence for a certain amount of time for a certain amount of money.  If a tenant wishes to break their lease normally they must have good cause or have found someone else to rent the unit.  Otherwise they may still be required to pay rent.  However, if you do move out the landlord is required to mitigate their losses, meaning they must do their best to find a new tenant to replace you.

Read your lease
Look for any loopholes or escape clauses that allow you to break your lease.  Pay attention to any parts that have “notice of intent to vacate”, “sublease” or “assign.”

Research your local laws
There are federal and some state and local laws that allow a tenant to break a lease and not incur a penalty.  Landlords are required to let tenants break their lease who join the military.  Some state and local laws allow for breaking a lease if you buy a home or need to move for medical treatment.

Document any repair requests
If your unit has broken water pipes, non-functioning or unsafe electrical wiring, no hot water or heat, or the door and window locks do not work the unit is probably in violation of your state’s warranty of habitability.  If your unit is in violation of this law you may be allowed to immediately move out.

A broken promise
Like repairs, document any promises your landlord makes.  When you signed the lease did you make sure the landlord put any verbal promises about conditions of the unit or any existing or future amenities in the lease?  If you did and the landlord has not fulfilled their promise you may be able to void the lease.  If the landlord only promised the building would soon have a pool, and it is not in writing, you will not have much of a case.

Sublease or Assign the lease
If you move out you can get someone else to move in and pay you while your lease still is in force, this is what a sublease or sublet is called.  Most states allow for a sublease unless your lease prohibits it.  Most residential leases do prohibit subleases.

An assignment is when another party takes over your lease and directly pays the landlord, or enters into a new lease with the landlord.  Most states do not allow landlords to prohibit the assignment of a residential lease.  If you assign your existing lease to another party you are free of your old lease.

Penalty payment
If you have to move out and cannot find a legal excuse or someone else to take over your lease you may be able to have your landlord agree to allow you to void the remainder of your lease for a penalty payment.  Make sure that you have this agreement in writing.  Depending on the length of your remaining lease this may be several months’ rent.

Keep in mind that if you decide to just walk away from your lease your landlord may file suit against you to recover unpaid rent.  This may be more costly in the long term than if you just decide to pay up front.

Other Rights for Tenants How-To's

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