Do you want to leave your leased apartment or house early? Renters have many good reasons to need out of a rental contract early, but they don't always have clear paths to do so. However, you may have more room to maneuver than you think. Not sure what your options are? Here are a few steps you should take to find out.
1. Check Your Lease
The first place to look for any way to break a lease with the least difficulty is in your lease agreement. If you signed the lease months ago, a year ago, or even more, don't rely on your memory when it comes to lease language.
Some leases don't address issues of early termination beyond what the state allows, but others have clauses that may give you options. For instance, leases in an area popular with renters may allow tenants to terminate their agreement early in exchange for a penalty fee. This fee could be an acceptable amount depending on what remains of your term and how eager you are to leave.
2. Research State Law
If your lease agreement doesn't provide exactly what you need, the next step is to learn what state rules are where you live. In Arizona, for instance, tenants have the right to early termination without penalty if they are entering active duty service in the uniformed services or are a victim of domestic abuse with documented law enforcement verification.
Nearly all states provide for tenants to leave if their rental unit is rendered unsafe for habitation or if the landlord has violated your tenants' rights. You'll need to understand these rights, though, in order to enforce them.
3. Consider Your History
Are you leaving because of repeated problems with your landlord? Depending on the types of landlord disputes involved, you may have a case that falls under provisions for violations of tenant rights or unsafe living conditions.
Has your landlord refused in the past to fix problems with the unit? If you've been ignoring a serious ongoing problem because your landlord is a jerk or you don't feel you have a choice, this could be the foundation of your case to get relief. Similarly, if the rental owner has engaged in acts of retaliation when you have exercised your tenants’ rights, you could have a case if you provide documentation.
4. Talk to Your Landlord
If the situation with your landlord is not so dire as to prevent communication, consider speaking with them in person about your situation. The landlord, ultimately, can make a change to your lease agreement with your permission. So if they are amenable to adding an early termination clause, you might be able to come up with a compromise.
If the landlord is sympathetic but unwilling to change the terms, discuss any statute in your state that requires them to mitigate the damage of you leaving. These rules — in effect in Arizona and other states — generally mandate that the landlord make reasonable efforts to find a new tenant for your unit once you leave. If they find a tenant, they would deduct the new rent from the remainder owed by you.
5. Meet With an Attorney
If you feel that your situation warrants that you assert your rights as a tenant, be sure to work with a qualified real estate lawyer in your state. Contract law and real estate legal actions can be complex, and your landlord will likely have their own attorney on their team. You need one familiar with all the possible ways that tenants may be able to break their leases.
