Difference between revisions of "Break a Lease"
(importing article from wikihow) |
m (Update ref tag) |
||
| Line 9: | Line 9: | ||
#Research state laws to see if any of the following legal grounds apply to your state. Tenants' and landlords' rights vary from state to state. A law that exists in Washington state, therefore, may not necessarily apply in Kentucky. Type in "[your state] tenant rights" into any reputable search engine for a fuller picture on your legal resources if you think that your landlord has violated your rights. | #Research state laws to see if any of the following legal grounds apply to your state. Tenants' and landlords' rights vary from state to state. A law that exists in Washington state, therefore, may not necessarily apply in Kentucky. Type in "[your state] tenant rights" into any reputable search engine for a fuller picture on your legal resources if you think that your landlord has violated your rights. | ||
# Examine the terms of your lease to see if there are any built-in allowances for early termination. Make sure to ask for clarification of any area that might provide an "out" for you. | # Examine the terms of your lease to see if there are any built-in allowances for early termination. Make sure to ask for clarification of any area that might provide an "out" for you. | ||
| − | #*Look for instances of "constructive eviction." This is a legal term to describe something that a landlord does, or doesn't do that he has a legal obligation to, that effectively makes the property uninhabitable and forces you to move out.<ref>http://legal-dictionary.thefreedictionary.com/Constructive+Eviction</ref> | + | #*Look for instances of "constructive eviction." This is a legal term to describe something that a landlord does, or doesn't do that he has a legal obligation to, that effectively makes the property uninhabitable and forces you to move out.<ref name="rf1">http://legal-dictionary.thefreedictionary.com/Constructive+Eviction</ref> |
#*For example, if the landlord doesn't supply heat or water to your unit, that's a legal cause for terminating the lease. Some legal responsibilities the landlord assumes when renting out the property include:<br> | #*For example, if the landlord doesn't supply heat or water to your unit, that's a legal cause for terminating the lease. Some legal responsibilities the landlord assumes when renting out the property include:<br> | ||
#**Ensure basic responsibilities such as maintaining electrical, plumbing, sanitary, and ventilation standards. | #**Ensure basic responsibilities such as maintaining electrical, plumbing, sanitary, and ventilation standards. | ||
| Line 18: | Line 18: | ||
#*Restricting use. Your landlord may not lock you out of your own unit, change the locks, etc. You have an expectation to use the property when you sign the lease; that's something the landlord cannot take away from you. | #*Restricting use. Your landlord may not lock you out of your own unit, change the locks, etc. You have an expectation to use the property when you sign the lease; that's something the landlord cannot take away from you. | ||
#*Reasonable use of rules. The landlord cannot make rules that single you out (they don't apply to other tenants). The rules he does make must be understandable, designed to improve the appearance of the unit or benefit the safety of the tenant, and not designed to evade legal obligations. Most '''major''' rule changes that are made after the tenant has agreed to the lease may not be legally enforced until after the lease has ended. | #*Reasonable use of rules. The landlord cannot make rules that single you out (they don't apply to other tenants). The rules he does make must be understandable, designed to improve the appearance of the unit or benefit the safety of the tenant, and not designed to evade legal obligations. Most '''major''' rule changes that are made after the tenant has agreed to the lease may not be legally enforced until after the lease has ended. | ||
| − | #Break a lease if you are called to military service.<ref>http://www.tenantsunion.org/rights/breaking-a-lease</ref> If you are called to military service before you sign your lease, however, your contract is legally binding. | + | #Break a lease if you are called to military service.<ref name="rf2">http://www.tenantsunion.org/rights/breaking-a-lease</ref> If you are called to military service before you sign your lease, however, your contract is legally binding. |
| − | #Break a lease if you are a victim of domestic violence, stalking, sexual assault, or unlawful harassment by a landlord. In many states, protections exist for those who find themselves victimized by violence, harassment, or the ''threat'' of either from a landlord. Most states wish to protect victims who would otherwise be forced into close proximity with their antagonist, and therefore let them lawfully break the lease early.<ref>http://www.washingtonlawhelp.org/resource/landlordtenant-issues-for-survivors-of-domest</ref> | + | #Break a lease if you are a victim of domestic violence, stalking, sexual assault, or unlawful harassment by a landlord. In many states, protections exist for those who find themselves victimized by violence, harassment, or the ''threat'' of either from a landlord. Most states wish to protect victims who would otherwise be forced into close proximity with their antagonist, and therefore let them lawfully break the lease early.<ref name="rf3">http://www.washingtonlawhelp.org/resource/landlordtenant-issues-for-survivors-of-domest</ref> |
| − | #*Likewise, if you find yourself threatened with a deadly weapon by a neighbor or your landlord, you may have legal grounds for terminating your lease.<ref | + | #*Likewise, if you find yourself threatened with a deadly weapon by a neighbor or your landlord, you may have legal grounds for terminating your lease.<ref name="rf2" /> |
#Break a lease if you suddenly have to relocate for a job. Some states will make allowances for those who accept new jobs (out of county or out of state) and who therefore need to relocate. | #Break a lease if you suddenly have to relocate for a job. Some states will make allowances for those who accept new jobs (out of county or out of state) and who therefore need to relocate. | ||
| − | #Break a lease if your health suddenly becomes worse or if you suddenly move into an assisted living facility.<ref>http://blogcritics.org/eight-reasons-you-can-legitimately-break/</ref> In many states, if you suddenly become sick or need to relocate to an assisted living facility, the state will legally allow you to break the lease. | + | #Break a lease if your health suddenly becomes worse or if you suddenly move into an assisted living facility.<ref name="rf4">http://blogcritics.org/eight-reasons-you-can-legitimately-break/</ref> In many states, if you suddenly become sick or need to relocate to an assisted living facility, the state will legally allow you to break the lease. |
#Break a lease if you work on the premises and quit. No this doesn't apply to work-at-home types who operate their business from their unit. If you're a repairman at the premises, however, or a resident plumber, for example, you may be able to break the lease if you quit your job. The rationale behind this is that you shouldn't be forced to deal with an old (and possibly malcontent) employer on a day-to-day basis if you've quit your job. | #Break a lease if you work on the premises and quit. No this doesn't apply to work-at-home types who operate their business from their unit. If you're a repairman at the premises, however, or a resident plumber, for example, you may be able to break the lease if you quit your job. The rationale behind this is that you shouldn't be forced to deal with an old (and possibly malcontent) employer on a day-to-day basis if you've quit your job. | ||
| − | #Break the lease if the property or unit has been condemned. If a property has been condemned, and the condemnation affects the habitability of the unit, the tenant has the legal right to vacate the premises without legal penalty.<ref>http://www.legalmatch.com/law-library/article/tenants-rights-upon-condemnation.html</ref> However, a condemned property is not the same as an uninhabitable unit. An uninhabitable unit is mostly (if not always) condemned, but a condemned unit isn't necessarily uninhabitable. | + | #Break the lease if the property or unit has been condemned. If a property has been condemned, and the condemnation affects the habitability of the unit, the tenant has the legal right to vacate the premises without legal penalty.<ref name="rf5">http://www.legalmatch.com/law-library/article/tenants-rights-upon-condemnation.html</ref> However, a condemned property is not the same as an uninhabitable unit. An uninhabitable unit is mostly (if not always) condemned, but a condemned unit isn't necessarily uninhabitable. |
===Breaking a Lease Without Legal Justification=== | ===Breaking a Lease Without Legal Justification=== | ||
| − | #Know the extent of what your landlord must do. In most cases, even though you have broken your lease without justification, the landlord must take reasonable steps to find a replacement tenant.<ref>http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-5.html</ref> This process is called "mitigation." Your landlord can't just sit back and wait for the end of the lease, then demand you pay him for the months you missed rent. In most states, the landlord must try to rent out the unit in good faith. Here are the caveats: | + | #Know the extent of what your landlord must do. In most cases, even though you have broken your lease without justification, the landlord must take reasonable steps to find a replacement tenant.<ref name="rf6">http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-5.html</ref> This process is called "mitigation." Your landlord can't just sit back and wait for the end of the lease, then demand you pay him for the months you missed rent. In most states, the landlord must try to rent out the unit in good faith. Here are the caveats: |
#*You may be responsible for covering the costs of advertising or showing the unit. | #*You may be responsible for covering the costs of advertising or showing the unit. | ||
#*The landlord must take reasonable efforts to show and rent the lease; he doesn't have to take ''extraordinary'' efforts. What's reasonable and what's extraordinary, in this case, are often ambiguous. The landlord doesn't have to give away the lease for a bargain, and he doesn't have prioritize its lease above the lease of other properties. | #*The landlord must take reasonable efforts to show and rent the lease; he doesn't have to take ''extraordinary'' efforts. What's reasonable and what's extraordinary, in this case, are often ambiguous. The landlord doesn't have to give away the lease for a bargain, and he doesn't have prioritize its lease above the lease of other properties. | ||
| Line 39: | Line 39: | ||
#*Ask neighbors whether other units have been rented out but not your former unit. If the landlord has rented out multiple units in your former complex, for example, but not yours, you may have a convincing piece of evidence. | #*Ask neighbors whether other units have been rented out but not your former unit. If the landlord has rented out multiple units in your former complex, for example, but not yours, you may have a convincing piece of evidence. | ||
#*Find out if your landlord is double-dipping. It is illegal to claim damages in arrears from you and, at the same time, to be accepting rent payments from another tenant ''for the same unit''. If you find out this is happening, your landlord's case is automatically moot. | #*Find out if your landlord is double-dipping. It is illegal to claim damages in arrears from you and, at the same time, to be accepting rent payments from another tenant ''for the same unit''. If you find out this is happening, your landlord's case is automatically moot. | ||
| − | #*Don't assume that the burden of proof will be on the landlord to prove that he tried to mitigate. Assume that the burden of proof will be on ''you'' to prove that he ''didn't''.<ref | + | #*Don't assume that the burden of proof will be on the landlord to prove that he tried to mitigate. Assume that the burden of proof will be on ''you'' to prove that he ''didn't''.<ref name="rf6" /> |
#Try to reach a settlement out of court, if possible. It's always better to reach an agreement out of court than force the court to make one for you. If you've gathered evidence on what your landlord has and hasn't done, bring it to him and try to persuade him how unwise it would be to seek damages in court. | #Try to reach a settlement out of court, if possible. It's always better to reach an agreement out of court than force the court to make one for you. If you've gathered evidence on what your landlord has and hasn't done, bring it to him and try to persuade him how unwise it would be to seek damages in court. | ||
#*If you have a lawyer to back you up, your evidence will be even more persuasive. If hiring a lawyer isn't too much of a financial investment, do yourself a favor and get one! | #*If you have a lawyer to back you up, your evidence will be even more persuasive. If hiring a lawyer isn't too much of a financial investment, do yourself a favor and get one! | ||
