How to Break a Lease
Chances are you found a better apartment that you want to relocate to but your lease requires you to stay for another five months. Breaking your lease early without proper cause puts you at risk of incurring a termination fee. Here are several ways you can legally break the lease of your agreement without having to incur any fines or fees from your landlord.
Violation of the Lease Agreement by Your Landlord: These can include any violations of the lease agreement on the part of the landlord. For example, if the landlord enters your apartment without properly notifying you, that is considered a breach of the lease agreement. This breach can then be used as a legal justification for you to break the lease agreement without incurring any fee or penalty.
Military Draft or Deployment: If you are in the U.S. military and are requested to relocate, or requested into active deployment, then you can break your lease without penalty. This is because as an active member of the U.S. Army, any fees you would incur are covered by the Servicemembers Civil Relief Act (SCRA). You will not incur any fees as the act covers termination fees from breaking a lease. Moreover, the SCRA covers all active duty service, reservists, and members of the National Guard.
Unsafe Living conditions: If your apartment becomes unsafe to inhabit due to mold and the problem remains unsolved by your landlord over 7 days then you can request to break the lease agreement by submitting a written notice to your landlord or the managing office. Always provide written notice in writing or email to document the unsafe living conditions so that it can be used as evidence that the essential appliance/safety hazard was not properly addressed on time. You may also consider withholding rent, provided that you have given notice to your landlord and the issue has remained unresolved. In any case, be prepared to negotiate with your landlord.
Landlord’s Refusal to Fix Essential Appliances: Remember, the landlord is responsible for providing heat and water, if any of these essential appliances become broken and not fixed promptly after providing written notice, then you are legally allowed to break your lease without penalty. Check your local state laws and your lease agreement to understand how much time is needed before filing a complaint or request to move out.
If none of these options are available then you can also try subleasing.
Subleasing:
Subleasing, also known as subletting, is when you provide your apartment to another tenant. The tenant you rent your home to then becomes known as the sub-tenant and pays rent to you which you can then use to cover the cost of renting. Some landlords allow subletting and some will require documentation and a screening process to verify the subtenant you chose. Other landlords may not allow subtenants in at all.
Communicate and negotiate with your landlord:
Communicate that you plan to move somewhere else. Submit your request and give as much notice as possible to avoid any confusion. Be respectful and sincere. You should offer to find your landlord another tenant with a good credit score and reputation who can take care of the property before you leave so the landlord isn’t left empty-handed.
Check Your Lease for a Termination Clause:
Most lease agreements will include a specific termination clause that details the process and penalties should a tenant break the lease before it expires. If your rental agreement has a termination cluse, closely read it and examine the lease termination guidelines. Notify your landlord as soon as possible of your intent to break the lease and have everything recorded in writing.
Paying a buy-out fee:
If all else fails, you will be required to pay a “buyout fee” to your landlord. This is usually a fee consisting of two months of rent. You may also be required to pay additional fees. This fee may vary depending on your lease agreement, and you should consider all options before choosing to pay the buy-out fee.
