What Happens When You Break Your Apartment Lease?
The first lease for an apartment generally includes a specific term--usually six months or one year. Because it is a legally binding contract, you can't expect to break the lease without repercussion. There are steps you can take, however, to lessen the impacts.
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Contractual Obligations
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Very often a contract spells out penalties for violating it. Therefore, the first step to breaking an apartment lease is to read your lease carefully. It may include some provision for leaving early, such as paying an extra month's rent or surrendering your deposit. Most commonly, it will simply spell out that you are responsible for the rent through the full term of the lease. Renters should look for other options in the contract that may help them out, especially any subletting provisions.
Federal and State Law
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Sometimes there are reasons to move that trump the lease. In some states, if you are leaving your rental because you are in the military and have been called into action, you are entitled to break the lease. You should check state law in cases such as these and, if you are covered, cite the legislation in a letter to your landlord. If the water service has been turned off because the landlord didn't pay the water bill and he refuses to respond to your written complaints, you may have a winning case for moving out early. Landlords in most states are required to ensure the apartment meets minimum health and safety standards, referred to as a warranty of habitability.
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Subletting
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Some leases prohibit subletting. Others allow it and put it entirely in the hands of the tenant, in which case you can sublet to someone else, collect the rent and then forward it to the landlord for the remainder of the lease term. Still others allow subletting with the landlord's permission and participation. In the best-case scenario you are allowed to find a sublet tenant and the landlord will then sign over your lease responsibilities to him. Work with your landlord and remember to do everything a landlord would: check credit, references and employment history.
Open Communication
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If you have been wise enough to maintain a friendly relationship with your landlord, talk to him. Contrary to some reports, landlords are people. If you have to move to take care of your mother because she was just run over by a train, for example, your landlord might just be sympathetic. Talk to him as soon as you know you will be leaving and ask if he will let you out of the lease. He might surprise you and say yes, or he might offer a reasonable alternative such as your paying half the rent for each month the apartment remains vacant.
Worse Case
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Even if a lease prohibits subletting and holds you responsible for the rent through the lease term, and the landlord's response to your personal entreaty was unsympathetic, you may not have to pay him the balance of the term's rent. In most states he is obligated to try to rent the apartment for a rent approximating yours. If he succeeds, he can only charge you for the time the unit was vacant and a leasing fee. It's a good idea to write a polite letter before leaving reminding him of this obligation. Ask in the letter if there is anything you can do to help expedite the rental. A month later, you can politely inquire about his progress. If he hasn't lifted a finger, consult an attorney. Your landlord might find a written reminder from a lawyer more persuasive.
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References
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