How to Break a One-Year Lease in an Apartment
Leases are contracts between landlords and tenants. Most apartment leases are for 12 months, but others can be for shorter periods of time. Lease agreements are legally binding, and in some instances you may be required to appear in court to fight the clauses in the lease. It may be possible for you to break an apartment lease in your state. Read the fine print in your contract and you may find a way out of your lease without paying a sizable fee.
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Instructions
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Locate your apartment lease agreement. If you don't have a copy, go to your landlord or leasing office and ask for one. Most landlords are happy to provide you with a copy.
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Look for early release clauses and loopholes in your lease contract. Pay close attention to provisions such as "notice of intention to vacate," "relet," "sublet," and "sublease." Research your state ordinances and laws governing apartment leases. To break your one-year apartment lease, you must know the information outlined in your state's law and your lease contract.
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Hire a lawyer, if needed. A lawyer can tell you if you have a reason for breaking your lease that can stand up in a court of law. For example, if your landlord has failed to maintain the property and make necessary repairs to your apartment, you have a legal reason to break your apartment lease. By contrast, breaking your lease to move in with your best friend won't stand up in court. Your lawyer can further advise you about other sections of your lease you may not understand, and perhaps can help you negotiate your way out of the contact.
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Find someone to replace you as the tenant and to take over the lease. In many states, apartment landlords won't release you from your lease without paying substantial fees, but some do allow for a replacement tenant to take your place. Look over your lease contract for this information and talk to your landlord. Another option is to allow someone to live in your apartment and pay the rent while the lease remains under your name. Keep in mind, you'll be legally responsible for any damage to the apartment when you move out.
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Mail or hand-deliver a letter to the landlord requesting to be let out of your lease early. Even if you speak with your apartment landlord directly, your request should be in writing, so you can back up everything you say later on. State the reasons you want to end your lease. Be respectful and polite in your letter, and be sure to make copies. If you mail the letter, send it certified mail. This serves as proof that you sent the letter, if you're required to appear in court later.
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Tips & Warnings
Laws regarding leases vary from state to state. In some states, if you're a member of the military, landlords are legally required to allow you to break your lease early without penalty. Find out what your options and rights are from state guidelines found on the internet, or from an attorney.
