Apartment Lease- Getting Out of a Lease

24 May 2010- Apartment lease agreement is a binding contract between a person and the landlord (apartment owner). Therefore, breaking an apartment lease means breach of contract. However, there may be situations when you have to move out of the city and thus it becomes essential to break lease. As in case of any breach of contract, breaking an apartment lease contract also results into penalty. Moreover, moving to another city will mean a new apartment lease with some new landlord (in most of the cases, a reference from previous landlord is required to be produced.) Thus, you must always proceed tactfully and within legal limits for getting out of a lease. But how? Here are some tips for getting out of a lease or more precisely said- tips for breaking an apartment lease that will attract minimum penalty.

Look for Release Clause in Apartment Lease

When you carefully read your apartment lease, you will come across a release clause (most of the apartment leases have it.) A release clause includes your responsibilities that generally means the number of stipulated weeks notice, penalties for not meeting this time requirement and state of apartment when leaving. Most commonly, an apartment lease requires at least 30-60 days notice. However, if your apartment lease does not contain a release clause, you must inquire about local laws for tenant notification of moving. Also, think about the financial implications of breaking apartment lease (one or two months' rent is a big deal in some cities) and the probable reference from landlord that you might need for a new apartment lease. It is always advisable to talk to the landlord and explain to him/her about the problems/reasons for your getting out of the lease. This might help you find an 'easy to negotiate penalty' outside of the apartment lease agreement.

Look for Subletting Clause in Apartment Lease

If release clause doesn't help you (neither does negotiation with landlord), once again read the apartment lease contract and see if there is any option for subletting available within it. If your apartment lease doesn't prevent you from subletting, take it as an option. However, subletting can be difficult and can consume lots of your time (also this doesn't actually help you in getting out of apartment lease to which you are still tied) but you can lessen your financial loss.

Look for Favorable Circumstances to Break Apartment Lease

There are certain circumstances when breaking an apartment lease doesn't attract penalty. These include situations where the apartment is seriously damaged making it uninhabitable. However, this damage to apartment must not be caused by your own fault but by some external cause such as natural disaster or a crime. Further, if you are very sick or injured and need to move to somewhere where you can get an assisted living facility, then also you can break lease without penalty. Not all states have such laws. You must consult an apartment lease professional, contract lawyer or some non-profit agencies dealing with tenant/landlord issues or tenant rights' organizations to get the right information about such laws.

There are other circumstances too when breaking an apartment lease gets easier such as when your landlord doesn't fulfill obligations or fails to maintain or repair your apartment. Also when your landlord invades your privacy or otherwise interferes with your life, getting out of an apartment lease becomes easier for you. However, such types of allegations for breaking an apartment lease will need evidence in the court of law, just in case you are required to fight a penalty in court.

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