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How Do I Break My Apartment Lease?

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By Ivanna Raise
eHow Contributing Writer
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In most states, tenants do not have the right to break a lease except for good cause. Remember, your lease is a binding contract between you and your landlord, and if you wish to break the lease, it amounts to breach of contract. Breaking a lease will also result in a penalty. However, the severity of the penalty depends on the situation you are in.

    Highest Penalty

  1. If you don't have a valid reason to break your lease, you may face the highest penalty. Valid reasons for breaking a lease are those that the law would take into consideration to allow you to break the lease. Some of the things that do not constitute a valid reason include marriage, job transfer, separation, divorce, reconciliation, loss of employment, loss of roommate, buying a new house and safety issues in the neighborhood. Eventually, you may be allowed to break the lease, but not without paying a heavy penalty.

    Thankfully, you can still make the attempt to avoid a penalty in this situation. Landlords are required to "mitigate damages" by most states, wherein your landlord has to make attempts to re-rent the apartment after you've given notice. If possible, help to look for a replacement who can move in after you, saving you the hassle of paying a penalty.
  2. Moderate Penalty

  3. If your landlord has not carried out his obligations such as maintaining and repairing your apartment, or he invades your privacy, you can ask to break the lease. However, these terms are often left up to interpretation, and what is seen as intrusion and disturbance by you may not be perceived so by the landlord, or for that matter, the judge. If your lease has such a clause, take care to maintain all records and evidence that will help you out in case you need to go to court to fight a penalty.
  4. Lowest Chances of a Penalty

  5. Under certain circumstances, you may confidently break your lease knowing you won't have to pay a penalty. The first among them is a special consideration for individuals in active military service who have been transferred, either permanently or temporarily. Under the Soldiers' and Sailors' Civil Relief Act, they are allowed to break the lease. If there is a written notice, their liability is usually limited to 30 days' rent.

    Secondly, there are some serious damages to the apartment which make it impossible for you to continue living there. In such a situation, you are allowed to break the lease, provided that you are not responsible for the damages.
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eHow Article: How Do I Break My Apartment Lease?

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