Can a Landlord Allow a Tenant to Terminate a Lease Early?
While you may have agreed to stay in your rental throughout the term by signing a lease, things do come up; maybe you found a house to buy, or your job has plans to move you to another state. If you need to terminate your lease early, your landlord may have options to help you, such as an early termination fee or the option of subletting. However, the laws on what a landlord can do if you terminate your lease early vary by state.
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Lease Requirements
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Your lease agreement likely contains some basic rental language as well as clauses your landlord added that cover special circumstances, such as moving out early and terminating your lease. If your landlord included language on terminating the lease, he must follow these rules. If he didn't include a lease termination clause, you may have to pay for the remainder of your lease, or pay the rent until the landlord can find a new tenant, depending on the landlord and tenant laws in your state.
Lease Termination
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An early lease termination allows you to cancel your lease by paying a penalty fee to your landlord. If your lease agreement includes a termination fee, notify your landlord in writing that you plan to end your lease early and pay the fee listed in your lease. Both you and your landlord must honor the terms listed in the early termination clause. For example, your landlord cannot raise the amount of the fee after you sign the lease.
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Other Options
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Some landlords will allow you to sublet your rental to a new tenant. A sublet doesn't remove you from the lease obligation entirely, but it will enable you to move out early. When you sublet, you and your landlord agree to allow a new tenant to move in to the property. The new tenant takes over the remainder of your lease and pays the rent directly to the landlord. However, the landlord can charge you if the new tenant does not pay the rent or if she causes serious damage to the rental.
Tips
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Get any agreement with your landlord in writing. Having a written record of your early termination or subletting agreement will help you solve a dispute if one should arise after you move out. For example, if your landlord agrees to let you move out early by paying a fee and then sues you in small claims court for back rent due, you can use this written agreement as proof of the lease termination.
The landlord and tenant laws on terminating a lease agreement are determined by each state. While most states allow landlords to charge an early termination fee or allow subletting, your state may not. The U.S. Department of Housing and Urban Development has links to the different tenant laws in each state on its website (see Resources).
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