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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 contact, 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.
BEFORE you decide to move out and break the lease,
READ YOUR LEASE and see what you may be responsible for.
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. |
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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