Difference between revisions of "Get out of Your Apartment Lease"

#Look for an opt-out clause. Find your lease agreement and review it for an opt-out clause that specifies your rights and responsibilities in the event that you decide to break the lease. This agreement may specify a timeline for giving notice of your intent to leave the lease early and may also specify penalties in the form of fines and lost security deposits.<ref name="rf15797">http://money.usnews.com/money/blogs/my-money/2013/08/14/breaking-an-apartment-lease-what-you-need-to-know</ref>

#*Look for the words "early release," "sub-let," or "re-let" when examining your lease. The exact language may vary between lease agreements.<ref name="rf15798">http://www.rent.com/blog/how-to-break-a-lease/</ref>

#Find a replacement renter, if necessary. Some rental agreements require that you find a replacement renter if you break your lease.<ref name="rf15797" /> Others require that your landlord find a replacement renter after you give them notice of leaving the lease. In this case, you would have to pay for the intermediate months before they find a replacement for you, so plan ahead financially if this is the case. This information can be found in your lease agreement.<ref name="rf15799">http://www.forbes.com/sites/zillow/2013/06/07/when-should-you-break-a-lease/</ref>

#Check to see that your landlord is meeting his or her obligations. In most cases, your lease will also specify the required duties of the landlord, including things like responding to complaints and repair requests. If your landlord is not fulfilling their end of the bargain, you may have grounds to break your lease and move out. However, this generally requires taking your landlord to court, which may be more trouble than it's worth.<ref name="rf15799" />

#Talk to your landlord as soon as possible. Because many lease agreements require advance notice when you leave your lease, it's best to communicate your intentions to your landlord as early as possible. In other words, let your landlord know as soon as you decide to go through with breaking your lease. This can give the landlord more time to prepare for your departure and may make them more likely to work with you towards an amenable resolution.<ref name="rf15798" />

#Explain your situation. Before you do anything else, simply try to explain to your landlord what your situation is. It's likely that they've had other tenants get out of leases before and are likely able to offer a few possible solutions. Hopefully, your landlord will be understanding, although there is no guarantee that they will be. This conversation is always easier if you've been a good tenant, doing things like paying your rent on time and not causing disturbances in the building.<ref name="rf15798" />

#*Be as open as possible. The more your landlord knows, the more they will be able to help you. For example, be sure to tell them if you are unable to give the required amount of notice.<ref name="rf15798" />

#Work with your landlord to find a replacement renter. In many states, both you and your landlord are required to work towards finding a replacement renter in the event that you leave your lease early. This replacement can be either a new renter or a sub-letter on your lease. In either case, be prepared to pay your rent for the months until you can find a replacement renter.<ref name="rf15798" />

#*Check with your Facebook friends to see if they know anyone looking for an apartment. This is the easiest way to get a sub-letter that you trust.<ref name="rf15798" />

#Consider a termination agreement. If you are unable or unwilling to find a replacement renter, your lease or landlord may offer you the chance to simply pay your way out of the lease with a termination agreement. In many cases, this will involve paying several months rent after you move out and giving up your security deposit. However, you benefit from being immediately and completely out of your lease obligations.<ref name="rf15798" />

#Check your area's laws. Every city, state, or region has its own laws. In order to know how you can legally break your lease, take a look at yours. Once you're familiar with the laws, you can then read deeper into your lease and possibly find a legal reason in your living situation to vacate.<ref name="rf15800">http://homeguides.sfgate.com/can-out-apartment-lease-penalty-1753.html</ref>#*The remainder of these steps will only work under laws which vary from place to place, and you may end up needing to hire a lawyer. Even then, sometimes the law will not be on your side. Always proceed with caution.<ref name="rf15798" />

#Check to see if your lease agreement is legally valid. Many landlords use standard-form lease agreements. This can potentially lead to errors that will make the lease agreement legally invalid in your city or state. While this will require hiring a lawyer, the overall costs will likely be cheaper than paying the remainder of your rent.<ref name="rf15800" />

#Find something in your apartment that is dangerous. Your landlord is required to repair conditions that materially affect the physical health and safety of an ordinary tenant. You have to specify this condition in a notice certified return receipt to the place of which rent is normally paid, and you can’t owe any rent at the time. In most cases, you must give the landlord time to make the repair, and send another written notice before you can take legal action.<ref name="rf15797" /> Examples of these conditions might be:

#Take action if the landlord has violated your right to privacy . If your landlord is violating your privacy rights, that is also grounds for legally breaking a lease. He or she is only allowed on the premises with your knowledge.<ref name="rf15801">http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-5.html</ref>

#*Volunteer to find the next tenant to sign a new lease (you shoulder the costs of placing ads, costs of any screening, and showing the unit to prospective tenants). Finding a replacement renter can also help you avoid paying extra costs or settlement fees.<ref name="rf15802">http://www.wsj.com/articles/SB10001424127887324399404578587952697096908</ref>

#Check your landlord's "duty to rent." This may be found in your lease as “the landlord’s duty to mitigate damages.” That means that in the situation where you don't pay your rent, your landlord can't just sit back and wait to sue you. They have to make strides to filling your space &ndash; and then that money gets taken off your debt. If this is applicable in your area, it may mean you're only required to pay a month or so's rent.<ref name="rf15801" />

#Give adequate and polite notice. If you don't have a legal reason for leaving (and even if you do), give notice that you will be vacating the premises. And be polite about it &ndash; the more mature and respectful you are, the less likely your landlord will decide to be a pain in your side. Written notice 30 days prior to leaving is best.<ref name="rf15801" />

#*Threats of a lawsuit can constitute retaliation and bad faith in some jurisdictions. If your landlord does this, get it in writing. It's another point in your favor.<ref name="rf15803">http://www.caltenantlaw.com/breaklease.htm</ref>

#*If you've tried to be nice about it and negotiate, consider contacting a mediator. Often these are publicly-funded.<ref name="rf15804">http://law.freeadvice.com/litigation/mediation/find_mediator.htm</ref>

*You may be able to easily get out of your lease if you are called to active-duty military service or if you become seriously injured or ill.<ref name="rf15797" />

*Regardless of how you do it, breaking a lease can negatively impact your credit score, making it harder for you to rent or buy a new property.<ref name="rf15805">http://www.bankrate.com/finance/real-estate/how-to-break-a-lease-and-stay-creditworthy.aspx</ref>