If you believe the property owner has broken this covenant, you may be within your rights to move out without penalty. Again, documentation is your friend if and when a property owner takes you to small claims court. Tenant-friendly housing leases may have expansive early termination clauses that allow tenants to break leases for reasons not protected by state or local law. But even where permitted, state law may require sufficient advance notice known as proper notice.
The proper notice period is often 30 to 60 days. First, if you believe your decision to break your lease is justified by state or local statute, document anything and everything that might support your claim. Keep records of:. In most states, rental property owners must make reasonable efforts to re-rent units vacated before the lease expires. I broke my lease in a duty-to-mitigate state, and it was immediately apparent the property owner understood his obligations under the law.
In any case, the ease with which he re-rented the unit no doubt played into his leniency. One of the easiest ways to resolve a broken lease is to sublet the unit for the remainder of your lease term. You can advertise the place on free or cheap resources frequented by prospective renters in your area, such as Craigslist , Nextdoor , or Roommates.
The ideal subtenant is someone you have a preexisting relationship with and have no hesitation vouching for. Transferees assume legal responsibility for rent due after the transfer date, absolving the prior tenant, which allows you to walk away from your lease early with no lingering obligation beyond any legally permissible fees for damage or uncleanliness you caused. Confirm your lease is transferable before spending the time and effort to seek new tenants.
In either case, be forthright. The longer your notice period, the lower the likelihood your unit will sit vacant after you depart. And my wife and I were fortunate to switch to a monthly lease shortly before purchasing our first home. At the end of our last month in that apartment, we were free and clear. Three or six months is more common. Note that the property owner is under no obligation to agree to a shorter lease.
In cases of genuine hardship, they may be willing to cut you a break. Help the owner get to yes by going the extra mile before and during move-out.
Ultimately, the property owner would probably prefer full or even partial payment over time to a substantial write-off. My decision to break my lease ended well enough. But not all rental property owners are like my former landlord.
Some are faceless corporate entities with the means and desire to pursue lease-breaking renters for every penny they owe. That said, if your current housing situation threatens your safety, liberty, or privacy, you have every right to leave quickly and worry about exercising your legal rights later. Your life is more important than any temporary financial setback. Skip to content Advertiser Disclosure Advertiser Disclosure: The credit card and banking offers that appear on this site are from credit card companies and banks from which MoneyCrashers.
This compensation may impact how and where products appear on this site, including, for example, the order in which they appear on category pages. Advertiser partners include American Express, Chase, U. Some of the most common reasons you may legally break a lease early without consequences include:. If a tenant believes that there's a significant health or safety violation, they have two options:. When complaining directly to your landlord, make sure you put it all in writing. If you live in an apartment that's considered illegal in your state some states regulate basement apartments, for instance , you may get to break your lease.
Members of the U. In the case that a service member needs to relocate for a period of at least 90 days, the tenant can legally give their notice to terminate the lease agreement along with proof of their official orders.
Landlords are generally required to provide tenants with at least 24 hours' notice before they have the right to enter the property. Landlords can legally enter your property to:. If a landlord repeatedly attempts to or succeeds in entering a property without proper notice, tries to enter for reasons that aren't legally allowed or harasses a tenant, the tenant may have legal grounds to break their lease.
In order to do so, it's usually required that the tenant obtain a court order telling the landlord to stop.
The tenant can give notice of their intent to terminate the lease if the landlord violates the court order again. If a tenant has been a victim of domestic violence, they may legally be entitled to break their lease. In those cases:. Landlords may request proof of domestic violence. This can include an order of protection or a police report for the specific incident. If granted, tenants are only responsible for rent payments up to the day they vacate.
You may also leave your lease early due to unexpected health circumstances, like a serious injury or illness. A lawyer can help you come to terms with your landlord, or they may advise you to file a suit in small claims court.
The latter isn't as pricey as other types of legal recourse and could protect you from having to pay an unfair amount to your landlord. Whatever the reason for breaking a lease early, you'll need to plan for the worst-case scenario. Educate yourself on your rights and responsibilities as a tenant regarding the lease. If you do your part by following the above guidance — chances are that things will work out in the end.
Rent Editorial Team At Rent. We strive to help renters make informed decisions by providing them with valuable information and advice, including money-saving tips, local guides, HD photos and certified ratings and reviews from actual residents.
Download the Rent. All rights reserved. Terms of Service and Privacy Policy. In these cases, the landlord is required to give the tenant at least 20 days to sort the problem out, depending on the severity of the breach.
Should the problem remain unresolved, the landlord may terminate the contract. These breaches more often than not occur as a result of the tenant defaulting by failing to pay full rent every month, exhibiting continuous obnoxious or unacceptable behaviour towards neighbours, causing intentional malicious damage to the property, or performing dangerous or life-threatening behaviour within the property.
In such cases, the Consumer Protection Act allows for the landlord to claim a reasonable cancellation penalty from the tenant. The CPA provides guidelines in Regulation 5 on how to go about this, which takes into account the length of notice given and the time it would take to replace the vacating tenant.
It is important to note that the landlord has no right to forcefully evict the tenant, change the locks, or disconnect the lights and water. If the landlord terminates the lease, he has no right to repossess the property if the tenant is not in agreement. In these instances he has to obtain a court order. In other words, a landlord may not evict a tenant illegally. In closing, it must be borne in mind: the tenant also has the right to terminate the lease agreement if they feel the landlord has failed in his duties by not maintaining and keeping the premises in a safe and fit place to live in.
As in the case of the tenant being given time to remedy a problem, the landlord would also be given a specified time to handle a problem.
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