How to Terminate an Apartment Lease Agreement
There are a number of reasons why you may want to terminate an apartment lease agreement. You may no longer be able to afford your rent or you may no longer like your apartment. Whatever the reason, your ability to terminate your apartment lease agreement will be determined by local laws and the terms of the lease. In some instances, you may incur a penalty for vacating the unit prior to the end of your lease duration.
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Instructions
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Determine the duration of your tenancy. If you signed a lease that specifies a month-to-month tenancy, then you will need to give a 30-day notice to your landlord. This notice should be dated and signed and specify that you are terminating your lease after 30 days. You must deliver this notice the month prior to you vacating the unit. If you engaged your landlord in an oral lease, most jurisdictions will determine that your lease term is the same as your frequency of pay for rent. For example, if you pay rent monthly, then your tenancy is month-to-month.
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Read through your lease carefully to determine if there is a clause that specifies an easy way out of your lease. Some leases may specify that you can vacate the lease agreement with a certain amount of advance notice. Others may allow you to pass on the lease to another prospective tenant.
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Determine if the landlord has failed to keep up his or her end of the lease agreement. If the landlord has violated any terms of your lease, the lease agreement may be null and void depending on the other clauses in the lease and the jurisdictional laws. If you notice that the landlord is violating your lease agreement, contact a legal professional. He or she will be able to help you navigate your local laws to make a case that your landlord has violated the lease agreement.
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Document any problems you have with the apartment. If you are suffering from noisy neighbors, document the noises and when and from where they occur. If your landlord has neglected to make a repair, document the day you initially alerted the landlord of the problem and any subsequent interactions you have with the landlord regarding the problem. You will want thorough documentation, including dates, times and names of any witnesses. Once you have such documentation, contact a legal professional to help you understand jurisdictional laws and determine, based on your documentation and local laws, whether you have a case to break your lease agreement. Usually, most jurisdictions will only allow you to break such an agreement if the landlord is grossly negligent, such as failing to provide essential utilities, such as like gas or heat.
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Talk to your landlord. Even though you and your landlord have a contract in place specifying the terms of your agreement, you may be able to renegotiate this contract with your landlord. If you have a good relationship with your landlord, approach him and explain your situation. At the very least, you may be able to have your lease term shortened.
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Pay the remaining amount of your lease. Although this is potentially the most expensive option, you can count on terminating a lease agreement by paying for the remaining duration of your tenancy as specified by the lease agreement. This is optimal for tenants who only have a month or two left of their lease agreement and have the finances to pay off their landlords.
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Tips & Warnings
Subleasing does not terminate a lease agreement; however, it can pass along the financial burden of a lease to someone else. Local laws regarding subleasing vary, so check with a legal professional in your area.
If you cannot afford a lawyer, contact your local legal aid center or tenants' rights organization. Both will be able to provide you with discounted, or potentially free, advice.
Breaking your lease may make it more difficult for you to rent again. Most landlords request you fill out an application, which usually requires you to specify your previous landlord. This means your prospective landlord may contact your old landlord prior to renting the unit to you.
References
- Photo Credit apartment lease sign image by Aaron Kohr from Fotolia.com
