How to Terminate a Rent Agreement

A close look at your contract can save you lots of money.

Improperly terminating your rental agreement can be extremely expensive. Despite the fact that a rental agreement is a legal commitment to pay the agreed rental amount for a specific amount of time, many renters are surprised to find that the law is not on their side when it comes to breaking a lease. In most states the renter is responsible for the entire amount remaining on the lease. Of course, rental agreements are broken all the time without the renters paying thousands of dollars out of their pockets. How can you save yourself wasted time, money and headaches?

Things You'll Need

• Rental contract

Instructions

1. Comb through the wording on your rental agreement to see if there is already an option for terminating your lease early. Some landlords, particularly those that own many units or large complexes, save themselves the headache of dealing with rental agreement terminations by building the terms directly into the contract. You'll probably be required to pay some type of termination fee.

2. Visit the local government agency that deals with rental statutes and ask about your legal rights. Laws vary wildly from place to place and large cities often have an entire department dedicated to rental legalities. Look for laws that specifically apply to you---some towns make it easier for certain groups, such as senior citizens or students, to break the rental agreement.

3. Take your rental agreement to a lawyer if the lease doesn't explicitly state the terms of breaking a lease and you are having trouble finding a legal way to terminate the contract. Find a local lawyer who specializes in real estate and rental law. She can look through the language in your lease and find ways that it may be possible to break the contract. If you are willing to play hardball, a lawyer can even help you look for ways that the landlord may have broken his side of the agreement, which can provide you with some leverage in trying to break your lease.

4. Talk directly with your landlord once you know all of your options. Explain your situation in a friendly manner, leaving aside the legal issues at first. Landlords are people too and, depending on how long they have been in the industry, you probably won't be the first tenant to ask to break the lease. Be reasonable and understand that you are asking them to forgo months of steady income and spend time finding a new tenant. If you can, offer to help find a replacement tenant.

5. Ask for the terms of the rental termination in writing once you have finally come to an agreement with your landlord. You want to make certain that you know exactly what you are expected to pay and the date your lease will end to prevent a surprise bill in the future.

Tips & Warnings

• Understand that you did sign a legally binding contract and, in some circumstances, it may not be possible to break the lease.

• Consult a lawyer before trying to break your lease by claiming the landlord didn't live up to her side of the rental agreement.

References

• Rent Law: Breaking Lease Agreement
• New York Times: Q & A Tenant Who Needs to Break a Lease

Resources

• HUD: Local Renting Information