How to Break a Lease Without Breaking the Law

Breaking a lease requires due diligence and attention to the law and the contract entered into by both parties. While state and local laws are provided to protect both parties, there are also contractual restrictions that could prevent a tenant from breaking her lease unless clearly specified resolutions are made. These may differ by property and landlord, but will always be spelled out in the leasing agreement. Before you break a lease, there are a few facts you should know to make sure you stay on the right side of the law.

Difficulty: Challenging

Instructions

1. 
    
   Property Lease

   Contact the landlord and ask him to cancel the lease. Explain the circumstances requiring you to break the lease. For example, if you wish to return to another state to care for a sick relative or parent, explain that you cannot afford to pay rent on a property in one state while living in another. Also note if you will remain in that state for several months, and if you will be financial responsibility for that sick parent.

2. Terminate the lease. Find a tenant who meets the renting agreement lease terms. For example, many landlords impose renting guidelines that restrict tenants with a specified minimum credit score or history of eviction from occupying a rental space. Be sure the new proposed tenant qualifies and meets all renting qualifications.

3. Sublet the property. Some properties have a sublet clause, preventing tenants from subletting the space, so be sure your landlord approves the sublet.

4. Assign the lease to a qualified third party (roommate). If you wish to remove your name from the lease but continue to reside on the property, assign a qualified third party (roommate) to take over the lease. He would assume complete legal responsibility for the space and be subject to fees if the property is damaged.

5. Terminate the lease and pay out the remaining money owed under the lease. If you wish to move, and are subject to four more months under the lease agreement, give notice of your departure from the property and pay the remaining months owed. If the rent is $400 per month, you would need to pay through the final date on the property plus the four months mentioned in this example. In other words, if you left right away, you would pay for the month the notice was given plus the four months. Altogether, you would owe $2,000.

6. Show proof of poor living conditions or repairs that have not been resolved in a timely manner. Provide photographic evidence as well as note how often requests were made to have improvements made on the property. This evidence will be needed especially if the landlord takes the case to trial.

Tips & Warnings

• If ordered into military or you receive a job in a new state, provide evidence of the order and ask to terminate the lease. Many state laws provide protection under the law if a person finds himself in this situation.
• Refer to laws in your state regarding lease agreements. These ordinances are subject to change by state and a list of qualifying special circumstances may be considered.

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