How to Get Out of a House Lease

Breaking a lease may result in a legal battle between you and your landlord.

There are many reasons you might want to break a house lease. Maybe you've found a new job out of the area, found a better home or can no longer afford the lease payments.You may want to break the lease because the landlord has failed to keep the property habitable or has failed to uphold his part of the lease agreement. It is easier to break a lease for reasons that are caused by the landlord's negligence. But it is also sometimes possible to break a residential lease when the landlord is not at fault.

Instructions

1. Talk with your landlord and explain your situation to see if an agreement to end your lease early can be worked out. Get the agreement, if one is reached, in writing to protect yourself in the event of a future disagreement.

2. Assign your lease to another party. Check your rental agreement to see if it allows the lease to be assigned. If it does not, speak with your landlord and ask for permission to assign the lease. For your legal protection, get your landlord's permission in writing.

3. Read your lease carefully to determine if your landlord is fulfilling all of the requirements set forth in the agreement. If your landlord is not fulfilling the requirements of the lease, you may have cause to break your lease. First, send your landlord a certified letter asking for the requirements to be met. If the requirements are not met after 30 days, file a suit in court to break your lease.

4. Break your lease if the house does not meet city ordinances for habitability. Each area has different ordinances regarding habitability. In addition, tenant rights vary by state and sometimes by city. Contact your local tenants' rights organization, your local clerk of court or a real estate attorney to find which government agencies regulate tenants' rights and laws in your city and state.

   Habitability regulations usually require a residential property to contain working features that pertain to safety. For example: working plumbing, working heating, weatherproof building and exterior door locks. Check with your local building and code department or tenants' rights organization to find the list of local habitability ordinances and report any violations. Send your landlord a certified letter listing the violations. If your landlord does not make the needed repairs after a time frame specified by your area's tenant regulations (usually 30 days), you can take your landlord to court to break the lease. Contact your local tenants' rights organization for assistance with your court case.

5. Break your lease without cause. This is a last resort if you cannot find a legal reason to break your lease. It can result in a judgment being filed against you in court. If you break your lease without cause, the court will hold you liable for paying the remainder of your lease amount until a replacement tenant can be found by your landlord. Many areas require that your landlord make a reasonable attempt to find a replacement tenant.

Tips & Warnings

• Keep all paperwork pertaining to your lease, violations of the lease, contact with your landlord and complaints filed with building and safety. Take pictures of any habitability violations. Bring copies of everything to court.

• Because laws vary in different areas, this article is only a general guide and should not be viewed as a legal resource. Do your homework to find the laws in your particular area. It is wise to contact a real estate lawyer who has experience in tenant law before taking any action to break your lease.

Resources

• Every Tenant's Legal Guide; Janet Portman & Marcia Stewart; 2009