How To

How to Break an Apartment Lease

By eHow Personal Finance Editor
Rate: (54 Ratings)

There are several reasons why anyone would want to break an apartment lease. Perhaps the apartment is not what you expected it to be, or your neighbors are hard to live next to. Whatever the case, there are several ways to break an apartment lease - see which one of these steps will work for your situation.

Difficulty: Moderate
Instructions

Things You'll Need:

  1. Step 1

    Read your rental agreement to uncover any loopholes in the contract. If the landlord promised to do work and didn't do it or if there is a condition that makes the rental uninhabitable, you have an out.

  2. Step 2

    Create a condition contrary to the wishes of the landlord. This might make him or her want to break the agreement. (This is dangerous - don't do anything counter to what you agreed to in your lease or you could be held liable or evicted.)

  3. Step 3

    Explain to your landlord the reason for needing to break the agreement. You may find your landlord is understanding and willing to make concessions for you.

  4. Step 4

    Find a new tenant to assume the responsibility of the rental. (See How to Assign Your Lease.)

Tips & Warnings
  • Check your local tenants' rights laws. They will spell out how to give notice and leave.
  • Be honest and sincere in your intentions with your landlord. A little goodwill can go a long way.
  • Even though you might have made all the efforts to find a new tenant, you might be responsible for the balance of the rent according to your agreement if another tenant is not found or for the portion of time that the rental was empty.
  • Document all efforts to attract a tenant in case your landlord gives you any problems about getting out of your lease. If you end up in court, you will need the documentation to verify your efforts.

Comments  

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keke08 said

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on 3/23/2009 I have a couple of questions: 1. If a lease is not fully signed that means its incomplete and can be thrown out. 2. I stay in a apartment complex, and I was trying to get out my lease. The lady told me I would have to pay $150 and find someone to takeover my lease to get out of it, but its not stated it in the lease. She told me herself it's in there it's just something they came up with....so do I really got to do those things to get out my lease if its not stated in the lease?

BOBJACKS said

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on 1/30/2008 1 feb.08 signed a lease to rent apt. starting 15 feb. due to personal reasons no longer wish to lease apt. mgr says we will be penalized a $850 release fee plus the monthly rent until apt. is rented plus loss of deposit. is there any legal way to break lease? ty

BOBJACKS said

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on 2/19/2008 have signed a lease and move in date of 15 feb. due to a personal change, no longer wish to lease apt. mgr. says to break lease we will be penalized a $850 release fee plus any monthly rents until apt. is rented. is there a way to legally break lease? 1 feb. 08

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on 8/23/2007 assistant manager told us if we buy a home they would let us out of our lease , no problem. He has since left and the manager will not let us out. infested with cockerroaches from above apt. individual using/selling drugs on side of unit. complained of not having air conditioning they checked and said it was working when in fact it had not been hooked back up since new furnance was put in last dec. they finally fixed it end of july.

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on 8/23/2007 purchased a hme. assistant manger told us there wld be no problem since we b ought a home, they would let us out of our lease. He has since left and now the manager will not let us out of our lease. Have had individuals using and selling drugs in above unit and also infestation of cockeroaches from apt. above. no air conditioning from beg of summer to end of july. They checked it and said it was fine when in fact a new furnace had b een put in last december and the air conditioning was found not to be hooked back up.

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