How to Break a Rental Contract
The apartment that seemed so great on the walk through, turns out to be a dump: the carpet smells, the upstairs neighbor has a drum set, the neighbor next door burns his dinner every night and someone's dog relieves himself on your patio every Saturday morning. Now you want to get out of this place, but you signed a lease and can't see how to break it. Or you rented a kiosk in what seemed like a prime location to start your new business, but the only one who is making any money is the person collecting rent. Or perhaps you rented a storage unit or any other thing that might have required a rental contract. Now you need to break it. It's possible, but legally, it may cost you.
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Instructions
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Read your contract and then read it again. Chances are, you didn't read it very carefully before signing. If you did, then you should know exactly what it says in regards to termination. Consult an attorney if you are unsure as to what certain terms mean. If you can't hire one, go to your nearest legal aid office. They are experienced in landlord-tenant problems. Most likely, your contract will stipulate that you are responsible for the entire amount of the contract whether or not you occupy the property. There may be a stipulation that says you must occupy the premises.
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Look for an easy way out. Before you go off and try and break the lease on some sort of legal grounds or prove something wrong with the property, see if you can work something out. Perhaps you can offer to find a new tenant or subletter to occupy the property for the remaining portion of your contract.
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Document your reasons for leaving. If you are really having problems, then document all communications and anything else that is relevant and keep receipts of all repairs you may have made. If you do have to go to court to break the contract, this is valuable information.
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Pay up. If you really need to get out right away, perhaps for job relocation, you may have to make arrangements to pay the rest of the contract. If you can't afford the current rental and a new one, talk to your employer and try to negotiate relocation expenses. You may also propose a settlement to your landlord. Offer to pay the next two months' rent plus the cost of advertising for a new tenant.
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Wait it out. If you don't have too much longer on your rental contract, you might consider waiting it out. If things at your apartment are very bad, you may want to hang out on someone else's couch for a while until the contract term is up. If the rental is on something else, you may just have to be patient or endure the consequences of breaking the contract. You could end up in front of a judge, though, if you choose to do so.
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Take the landlord to court if you feel that you have really been wronged by her. Consult a lawyer or legal-aid counselor as well as your state's laws on tenants rights, and if you feel you have a case, file in court. You will be given a court date and a chance to air your grievances in front of a judge.
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References
- Photo Credit signing a contract image by William Berry from Fotolia.com
