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There are many reasons people want or need to get out of a residential lease: A job relocation, a change in your health or an uncooperative landlord are just some of the possible reasons.
But you may be concerned about the legal and financial ramifications of breaking a lease. And you may be wondering whether you can get out of a lease early without penalty.
In this article, we’re going to cover some ways you can break the lease to your apartment or home without it hitting you in the wallet.
Depending on where you live, there are laws that protect you — in certain circumstances — if you need to get out of your lease before it expires:
Regardless of your reason, breaking a lease takes careful planning so that you don’t incur any unnecessary penalties.
Among the most common consequences for breaking a lease:
Here are five things that should help you break a residential lease with as little impact as possible:
It is usually best that you communicate your desire to move out as soon as you make the decision. The more time you give a landlord, the more likely you’ll get cooperation.
You should encourage an open dialog: Rather than delivering your request to break your lease as a threat, it’s better to keep calm and keep your wits about you.
If the conversation goes well, it’s possible your landlord will waive or reduce fees and maybe even return your full security deposit.
Every state (and some counties and cities) has its own laws governing rental properties (here is Georgia’s). So you’ll need to search online to find the information specific to where you live.
In many cases, when you read your rental agreement, you will see language spelling out what happens if you don’t pay the rent.
One benefit of reading the rental agreement is that you may be able to find some language describing any conditions that would let you break the lease without consequence.
“Some states permit you to withhold rent when certain conditions aren’t met. Some allow you to break the lease,” Lori says.
You may be allowed to sublet your apartment or home.
Subletting is a temporary arrangement in which the landlord agrees to let the tenant lease the unit to a subtenant. But the landlord may have other considerations including the potential subletter’s employment status, credit history and rental history.
If things seem to be getting too complicated or communication with your landlord breaks down, you may need to seek legal advice.
In addition to contacting a lawyer, here are some tenant resources that may help:
In most states, landlords have an obligation to provide a safe and livable home at all times. If that standard is not met, the tenant usually has some recourse to try to break the lease without penalty.
Here’s the thing: It’s going to take time, possibly months. It’s up to the tenant to take meticulous notes and document the problem to prove the reason for wanting to break the lease.
That said, here are three steps you should always take when dealing with a landlord:
This post was last modified on June 15, 2020 7:20 am
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