Breaking a Residential Lease
Posted on Feb 9, 2016 7:50am PST
When you sign a residential lease, it will last for a fixed amount of time, usually one year. Once the year is up, you must decide whether you will: sign a new lease with or without the same terms, move, stay but switch to a month-to-month contract, or face an eviction if you stay but the landlord wants you out.
What happens if you want to move out before your one-year lease expires? People find themselves needing to break a lease for all sorts of reasons, including:
- They need to relocate for their job.
- They marry someone in another state.
- They want to move in with a new partner.
- They need to take care of a sick relative.
- They are in the military and they deploy.
- Their landlord keeps violating their privacy.
- The home is in deplorable condition.
- They feel threatened by their neighbors.
If you're lucky and you have a nice landlord, he will let you leave on friendly terms. This response comes from landlords who are decent characters, or when the rental market is robust, or ironically, if your landlord considers you a pain and would be glad to say "goodbye" to you.
If You Move Out Early
Let's say that your landlord is against you breaking the lease and you move out anyway. While state laws vary, generally when someone breaks a lease they will lose one month's rent, even if their state's law requires landlords to take reasonable steps to re-rent the property.
But being asked to cough up the last six months of your lease is another story. If your landlord sends you a letter demanding payment for six months' rent, countering that with a polite letter citing your state's law may end it.
If your letter doesn't produce the desired result and you're sued for half a year's rent, you'll be headed for court. In that case, contact a real estate attorney for help!
Related News:
Posted on Feb 15, 2013
Buying a home can be an exciting phase of life, and whether you are a seasoned purchaser, or this is your first time, here are a few basics to consider before signing the dotted line. In the event you ...
Read More »
Posted on Jun 7, 2012
When you are trying to buy a house, you will need to place a down payment on the property. This is usually 20 percent of the total cost of the house. The rest of the house will be covered by a ...
Read More »
Posted on Aug 22, 2013
Sometimes plans change, and despite a year-long lease you may find yourself needing to leave your home or apartment that you are renting from a landlord. Naturally, this can be frustrating for a ...
Read More »