Breaking Your Lease
on a Rented Unit
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There are many different reasons why a tenant may
have to break a lease. These include job transfers, change in martial or family
status, health issues or they either want to upsize or downsize for one reason
or another.
There is NO law that says that the tenant cannot
break their lease. HOWEVER, by law and by the lease contract, the tenant may be
financially obligated to the landlord for rent and other charges to rerent.
READ YOUR LEASE BEFORE you sign it AND UNDERSTAND what you are signing.
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TYPICALLY, once you notify the landlord you intend
to move before your lease is due to expire, BOTH you and the landlord must make
good faith efforts to find a new tenant. This is called mitigating damages
(lessen the amount the tenant owes). The landlord must make an honest
(good faith) attempt to rerent your unit using such things as a sign on the
property, ads in local paper, contacting one or more real estate agents etc. The
Landlord should document everything they do in their attempt to rerent the unit
- typically at the RENT THE CURRENT TENANT IS PAYING.
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EVEN IF YOU PLAN on staying to the end of your
lease term, the TENANT must typically notify the landlord 60-90 days in advance
that they will not be renewing their lease. MANY LEASE CONTRACTS have an
AUTOMATIC renewal clause. DON'T get caught by this. SAME for Landlords.
Don't be surprised even if you have the automatic renewal clause. Save yourself
a headache and send a letter to the tenant asking them if they are going to
renew their lease for another year. DON'T take it for granted that they are
staying. DON'T be afraid you might be giving them an idea either. In many cases,
you ARE required by law to offer a renewal lease.
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BEFORE you decide to move out and break the lease,
READ YOUR LEASE and see what you may be responsible for.
READ YOUR LEASE. IT CONTAINS THE TERMS AND
CONDITIONS AND WHAT THE LANDLORD MAY CHARGE YOU FOR. IF NOT, STATE LAW DOES.
CHECK WITH A LOCAL LEGAL AID SOCIETY
OR FIND A LAWYER.
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Search State
Laws on RentLaw.com
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Click to SEARCH
RENTLAW.com
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If you have to move before your lease is up
consider SUBLETTING your unit. MOST LEASES require you to get permission from
your landlord. And there are pros and cons. See more on SUBLETTING
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USING THE CONDITION OF THE UNIT TO BREAK YOUR LEASE
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You may think there is an easy way out of your
lease. There could be an "out" IF.... there are serious issues
with the unit. Serious doesn't mean a car horn - we mean water leaks, mold,
failure to provide services etc. To protect
yourself whether or not you are planning on moving or not, you must notify the
landlord in writing (certified mail) that there is a condition that needs to be
addressed. IF the landlord fails to correct the problem in a
"reasonable" time, you MIGHT be able to break the lease on that.
Again, we use the word MIGHT. Consult
a lawyer as we are not. This is only for reference.
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YOUR SECURITY DEPOSIT AND BREAKING YOUR LEASE
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In most cases, you cannot use your security deposit
as last month's rent. EVEN if you break your lease, give your landlord
your new address.
Refer to our guide on SECURITY
DEPOSITS.
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TALK TO YOUR LANDLORD
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Talk to your landlord. Be sure to have an lease
termination agreement in writing. READ IT. BOTH of you sign it. Tell them and in
writing on the date you are going to vacate the apartment and do a walk-though
(like you should of when you moved in). Refer back to our guide on NORMAL
WEAR AND TEAR. You will be liable for any damages beyond
"normal".
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THE LANDLORD CANNOT COLLECT DOUBLE RENT - RENTING FOR LESS
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The landlord cannot collect double rent. Ask a
neighbor to let you know if the the unit gets rerented and when or if you can
check it out, do so. Most state laws protect the tenant from landlords who will
charge the tenant who broke the lease rent even though the unit got rerented.
The LANDLORD can rerent the unit for LESS then what
you paid and you may be liable for the difference - but only for the period that
remained on your lease.
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