Breaking Up With Your Apartment: Early Lease Termination Explained
Stuck in a Lease? Here's When You Can Break Free Legally
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Life can be unpredictable, and sometimes that means needing to move before your lease is up. While ideally you'd fulfil the entire agreement, there are situations where early termination might be an option for US tenants. Let's explore some scenarios that may allow you to break the lease without penalty, and what steps to take if you need to consider an early exit.
When the Landlord Breaches the Lease
The lease agreement is a two-way street. Landlords have a responsibility to uphold their end of the bargain too. If they fail to maintain the property in a habitable condition, meaning it's safe and functional, you may have grounds for early termination. This could include issues like:
Major repairs not being addressed: Leaky roofs, broken plumbing, or malfunctioning heating/cooling systems can render a unit unlivable.
Pest infestations: Landlords are responsible for addressing pest problems that significantly impact your ability to enjoy the property.
Safety hazards: Unfixed electrical problems, structural issues, or lack of fire safety measures can be grounds for breaking the lease.
Document Everything!
If you encounter any of these issues, keep detailed records. Take photos and videos of the problems, and document all communication with your landlord regarding repair requests. If they fail to address the issues within a reasonable timeframe (usually 30 days depending on your state), consult with a tenant lawyer to understand your rights regarding early termination.
Military Service and Job Relocation
The Service members Civil Relief Act (SCRA) offers specific protections for active-duty military personnel with leases. If you receive deployment orders or a permanent change of station more than 50 miles away, you may be able to terminate the lease early with proper written notice, typically 30 days.
Some employers offer relocation benefits that may include assistance breaking a lease if a job move is required. Review your employment contract and relocation policy to see if this might apply to you.
Finding Common Ground
Landlords are often willing to work with tenants facing legitimate hardships. Open communication is key. Explain your situation and explore options like finding a replacement tenant to take over the lease. This can save you from owing rent for the remaining lease term while helping the landlord find a new occupant quickly.
Be Prepared for Potential Consequences
Even with a legitimate reason, breaking a lease early may still have repercussions. These can include:
Early termination fees: Leases often have clauses outlining fees for breaking the agreement.
Owing rent: You may be responsible for rent until the landlord finds a new tenant, even if you've moved out.
Negative impact on credit score: Unpaid rent or lease termination fees could reflect poorly on your credit report.
Know Your Rights and Prepare Accordingly
Understanding your rights as a tenant empowers you to navigate situations that might necessitate breaking a lease. Familiarise yourself with your state's landlord-tenant laws. Many states have resources available online or through local tenant advocacy groups. If early termination seems like your only option, consult with a tenant lawyer to ensure you're following the proper procedures and minimising potential consequences.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
