How to Legally Get Out of a Lease

Anyone who has ever leased a home or apartment has signed a lease. A lease is a legally binding contract between a homeowner (sometimes a management company) and a tenant. Language in the lease will require that it be fulfilled. If you have committed to a 12-month lease, you are expected to pay the monthly rent for that period of time. Breaking the agreement means the owner will not receive monthly rents. You may be able to break the agreement, but not without a cost.

Things You'll Need

• Copy of a lease

Instructions

Breaking a Lease

1. Review all print in the lease agreement. Consider what you have committed yourself to, and check to see if there is any language in the agreement about early release (breaking the lease). If the language is unclear to you, you might benefit from having an attorney or legal aide representative to review it for you.

2. Make an appointment to talk with your landlord to seek a solution. Ask about any resolution you may have found in the contract. If you have had a trouble-free rental history with her, you have a better chance of gaining her help. A buyout (cash settlement) may be a solution, but if it isn't affordable, you might offer an alternative solution.

3. Ask if you might be allowed to find a replacement tenant to fulfill the remaining months of the contract. Understand that a sublease still obligates you to the rents if the subleasee defaults. Management's allowing the replacement tenant to begin a new lease would remove you from obligation completely. This change may be acceptable, and would create the need for an amendment (change). If an amendment to your lease contract is made, be sure to get it in writing.

4. Consider all options, and decide what is practical and affordable. The most practical solution may be to stay for the duration of the lease period. Remember that the law will be on the landlord's side if you break the lease and move out. You may end up having to pay the landlord's legal expenses as well.

Tips & Warnings

• Approach your landlord with respect. Use an attitude of "I have a problem, please help me resolve it."

• Military deployment, job transfers or home purchase may constitute an early release from the lease contract. Show proof when you meet with your landlord.

• Legal action and a hit to your credit report and scores may be more expensive than a cash settlement to buy out the lease.

References

• essortment: Renters Guide: How to Break a Lease
• msn real estate: Breaking Your Lease; Sally Anderson
• Tenants Legal Center of San Diego: Leases