Can Relocation Due to Employment Be Used to Vacate a Lease?

Adding a relocation clause to your lease can protect your rental history.

Your landlord likely won't discharge your obligations to a lease agreement because you have an out-of-state job offer, unless you have military obligations. However, negotiating relocation or prepayment terms with your landlord may alleviate some of the consequences that come with vacating a lease that can damage your rental history.

Legal Protections

A career-related relocation generally doesn't qualify as a valid legal reason for breaking a lease. However, the U.S. Servicemembers Civil Relief Act typically allows military members to vacate leases if they're called to active duty. Tenants who have government jobs related to military operations also may legally vacate a lease, according to the Nolo law information website. However, RentLaw.com notes that the federal law is vague, and some state regulations provide better protections than others. For example, RentLaw.com indicates that military personnel in Virginia need to get leases approved by their housing office to ensure an appropriate military clause is included. Such clauses cite specific circumstances under which personnel may vacate their leases.

Negotiating Lease Terms

The Maryland attorney general's office recommends asking a landlord to add a job-transfer clause to your lease before you move in if you anticipate your company may need you to relocate before your lease expires. Such clauses allow tenants to break leases without facing legal action from their landlords. Your landlord may allow you to find someone to take over your lease if he's unwilling to add a job-transfer clause to it. However, landlords may prefer to find new tenants themselves and hold renters who want to break leases responsible for paying their rent until a new tenant moves into their apartment.

Landlord Rights

Vacating a lease without a valid reason protected by state or federal law makes you vulnerable to a lawsuit. Your landlord can sue you to recover costs for advertising to find a new tenant and recoup a portion of the balance that remains on your lease. Nonetheless, FindLaw indicates that most courts determine how long it should have taken a landlord to rent your apartment after you broke your lease. Courts generally only require tenants to pay rent to a landlord from the time the lease was vacated to the date the court determines the landlord should have been able to find a new tenant, according to FindLaw.

Buyout Agreement

Negotiate with your landlord to leave on the best terms possible if you're planning a career-related relocation that's not protected under the law. Your rental history with your landlord likely appears in the records of tenant-screening services that landlords often use — a negative rental history hampers your ability to rent other apartments. One way to avoid a dispute with your landlord for vacating a lease is by offering to buy out the lease by paying an extra month or two in rent. FindLaw recommends getting a buyout agreement in writing. The agreement should indicate that the landlord agreed to the early termination of your lease in exchange for the monetary compensation you provided for the buyout.

References

• Nolo: Can I Break a Lease to Take a New Job?
• Nolo: Terminating a Lease or Rental Agreement FAQ
• FindLaw: What Are the Legal Consequences of Breaking a Lease to Take a Job?
• Maryland Attorney General's Office: Landlords and Tenants: Tips on Avoiding Disputes
• Landlord Protection Agency: Landlord-Tenant Laws and Statutes
• RentLaw.com: The Military Clause