Can I Get Out of My Lease Early?
A lease is a binding contract. Both signing parties have specified rights and responsibilities. If you find yourself in a situation that requires you to move, review your lease and understand your rights and the penalties associated with failing to live up to your responsibilities before making any decisions. It may save you some money and preserve your relationship with your landlord.
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Contract
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The key lease clause relevant to your wanting to move is the lease term. The longer you have left on a fixed-term lease, the more of a problem moving might be. Unless the lease spells out the penalty for terminating a lease before it expires, you are responsible for the rent through the term. The landlord, however, is required to make an effort to re-rent the unit at the same rate. If he finds an acceptable tenant, you will still have to pay for any vacant period between the tenancies as well as for advertising costs, but will be off the hook for any period of time after the new tenant moves in.
Subletting
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The second most important lease clause when it comes to moving before the term expires is the subletting clause. Some leases allow subletting but keep the original tenant responsible for the rent. Others allow the sublet tenant take over the lease if the landlord approves him for tenancy. Others prohibit subletting under specified conditions or outright. If the lease allows subletting but you remain responsible for the rent, go through the same process with your prospective subtenants that your landlord did with you. Application, credit check, and employment verification are the three minimum criteria you want to set.
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Exceptions
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Regardless of the lease restrictions, there are federal and state laws that allow a tenant to terminate a fixed-term lease early. The Service Members Military Relief Act allows service members to terminate a lease with written notice when they are called to active duty. In New York, Section 227(a) of the New York State Real Property Law allows seniors to terminate a lease to move into senior housing or even to the home of a family member, the latter when they are certified as no longer being able to live independently. Check state and federal law regarding the reason you have for wanting to leave before your lease expires.
Talk to Your Landlord
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Your landlord is a person, too. If you have to move out to care for your brother, who just had a stroke, your landlord may let you out of your lease. Or maybe he was thinking about remodeling the kitchen during his upcoming summer vacation so wanting to move will help him out. Offer to list and show the unit yourself and return it to pristine condition before the showing. Your landlord is not obligated to offer you any breaks not required by law, but he just might, especially if you are mitigating the damage and have been on good terms with him for a long time.
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References
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