I Found A Place That I Like Better Than My Current Place. Can I Get Out Of My Current Lease?
It depends. If you are on a month-to-month lease, in most states you are required to give the landlord 30 days notice to end your lease (usually that notice will be given on the day that you pay your next month's rent). If you have a lease for more than a month-to-month duration (for example a 6-month or 1-year lease) you lease may contain a provision for early termination. Sometimes leases will provide for early termination of a lease in certain situations, for instance if the landlord agrees in writing to an early termination or if the landlord agrees to a sublease or assignment of the property. If you don't get prior permission or your lease doesn't provide for early termination, then if you leave early you will be “breaching” the lease contract by leaving early. When a tenant breaches a lase, by leaving early without permission or failing to pay rent due for remaining months of the lease, then the tenant may owe the landlord money for the remainder of the lease term or until the landlord can get anthother tenant. A landlord may sue a tenant to recover any money owed for leaving early and breaching the lease.
However, if the reason you like another place better than your current place is because the landlord has failed to provide a habitable space or otherwise has materially defaulted on his/her obligations under your lease, then you might be able to terminate the lease early depending on your state's laws.
Other Leases FAQs
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Q:
What Is A Lease?
A: A lease or rental agreement is a legal contract between a landlord and tenant. The agreement gives the tenant the right to use and occupy the rental property for … More -
Q:
I Have Been Renting A Room For The Last Six Months But I Never Signed A Lease – Do I Still Have A Legal Right To Occupy The Room Even Though I Never Signed A Lease?
A: Yes. Although a written lease is beneficial to protect the rights of both parties, oral agreements are valid where the lease period is for no more than one year. … More -
Q:
If Oral Leases Are Valid For A Lease Under A Year – Then Why Do I Need A Written Lease?
A: A written lease makes terms clear to both parties whereas future disputes in an oral lease may be difficult to resolve due to uncertainty to the terms of the … More -
Q:
If I Do Make An Oral Lease – What Terms Should I Discuss With My Future Landlord?
A: An oral lease requires both parties to agree to specific terms. In most states, oral agreements require the parties to agree on: Duration of tenancy (no more … More -
Q:
What Terms Should Be Included In A Written Lease?
A: A written agreement should include all terms that are required under a lease and other specified terms that may be otherwise material or ambiguous unless put in … More -
Q:
Can I Choose To Rent Only To Hispanic Tenants?
A: In general, a landlord may choose their tenants freely based on business criteria such as the prospective tenant’s credit history, income, and references. In … More -
Q:
Are Subleases Usually Allowed?
A: Unless the lease prohibits a sublease, a tenant may assign the lease to a third party. Many leases either prohibit subleases or require adequate notice to the landlord. -
Q:
Are There Any Differences In A Commercial Lease As Compared To A Residential Lease?
A: There are many similarities between residential and commercial leases, however there are differences as well. Residential tenancies tend to be more … More -
Q:
If I Have To Sue My Landlord Or If My Landlord Sues Me – Who Is Responsible For The Legal Fees?
A: Usually, the lease will have a provision that states that the “prevailing” party in any lawsuit will be able to collect reasonable attorney fees. … More
Landlord/Tenant Sub-categories
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Landlord Rights
Landlord Tenant Law Landlord Tenant Rights Rent |
Rental Discrimination
Repairs Security Deposit Terminations and Evictions |
Breaking a Residential Lease
