How Can I Get Out of an Apartment Lease Without Penalty?

Apartment complex

When a tenant signs an apartment lease, he is entering in to a legally binding contract. Everything within that lease will be enforceable in a court of law. It is important that a tenant make sure he understands the details of the lease. The tenant may find himself in a special circumstance that may cause him to need to relocate before the lease is up. In this case, the tenant will want to get out of the lease without suffering any penalties.

Things You'll Need

• Copy of the lease

Instructions

1. Review the details of your lease. You may be able to get out of the lease if there is any neglect on the part of the landlord. For example, the lease may state that all necessary repairs will take place within 14 days of the tenant notifying the landlord. If the landlord did not fix your repairs as stated in the lease, you will be able to get out of it without any penalties.

2. Create a letter stating why you want or need to get out of the lease. Address the letter to your landlord, and make sure that the letter is friendly and respectful. If you have any legitimate claims, back up your request with the parts of the lease that address your issues and concerns. If you do not have a legitimate claim, just list your reasons. The landlord may have compassion and let you out of the lease without charging you a penalty.

3. Keep a copy of the letter you wrote for your records. Send the original letter to your landlord via certified mail to ensure you have proof that the landlord received the letter. You will need this information if you end up going to court.

4. Go to the main office of your apartment complex and talk to your landlord after you know that she received the letter. Offer to find a tenant to take your place so that she is not out any money. Simply talking over the issue with the landlord can get you out of the lease without any fees.

5. Get a copy of your state's renters' rights if you feel that your landlord is not going to let you out of the lease. You will need to go to your local courthouse for this information. Know your rights fully if you need to go to court. This document will let you know whether you have a legal right to get out of the apartment lease.

6. Take your landlord to court if he will not let you out of the apartment lease. Only do this if you have a legal reason to get out of the lease, such as a military deployment. Bring a copy of the lease, as well as the certified letter you mailed. Keep records of any contact you had with the landlord and bring those to court as well.

7. Get legal advice. This is especially important if you plan on going to court. There may be parts of the lease that you do not understand, and a lawyer will be able to explain them to you. The lawyer may also be able to negotiate the termination of your lease without any fees. If not, the lawyer could still represent you in court. If you do not have money for a lawyer, contact your county's legal aid office.

Tips & Warnings

• Clean your apartment when you leave. If the landlord has to spend time cleaning for a new tenant, he can charge you a fee.

• If you have no legal reason to get out of your lease, you must abide by the landlord's decision. If he chooses to charge you a penalty, you must pay it.

References

• Apartment Ratings: How to Break a Lease
• Georgia State: Lease Termination and Renewal