In our daily lives, most of us aren’t signing a bunch of binding legal documents. Which is why signing a lease can be so nerve-wracking. Often, it’s the first — and biggest — two-party legal contract we enter into. After dotting the last i, it really feels as if we’re locked in and indentured.
But what happens if you need to break your lease? If you’re moving, your family is expanding or your financial circumstances have changed, the anxiety of being trapped in your lease can seem crushing. What do you do?
It's important to remember that you are legally required to make rent payments for the terms of the lease which you signed. Many leases will include a buy-out clause which allows you to exit your lease early, but you'll need to submit a notice to vacate at least 30 days (sometimes 60) before you intend to leave. You'll also likely be forced to pay a penalty, which might be as high as two months' rent. All of these details should be outlined in your lease, so it's important to understand what you're signing so there are no surprises later.
However, there are certain conditions in which you might be able to exit your lease early without paying a penalty. These situations vary by state and by what's included in your lease. Regardless of your reasons, make sure you are following all applicable local, state and federal laws and that you do your research before taking any action.
If you find yourself unable to stay in your apartment because of a medical-related issue, you might be able to opt out of your lease. You may qualify for lease relief if you’re unable to work due to illness or injury or you can no longer live independently.
With a proof-of-need letter (from your doctor, the court or the like), you might be able to exit your agreement without a penalty with a “release clause” in 30 or 60 days, depending on the language of your lease.
If you are an active member of the military, you can terminate your existing lease without a penalty due to a deployment. According to the Servicemembers Civil Relief Act, you need to send a notice to vacate along with a copy of your military orders or a letter from your commanding officer to your property manager. In addition, if a servicemember dies while in military service, the spouse can terminate a lease within one year of the death.
Victims of domestic violence, sexual assault, harassment or stalking are allowed to break their lease without paying a penalty due to personal safety concerns. In addition to supplying a notice to vacate, the tenant would need to give one of the following pieces of documentation:
The lease would terminate 30 days after submitting a notice to vacate or after the next rent payment is made, whichever comes first.
Your lease is equal parts of your agreement and your property manager’s agreement. Just as your property manager can kick you out for not holding up your end, you have certain tenant rights that allow you to leave if they aren't holding up theirs.
If your property manager is ignoring written and documented maintenance requests, not keeping to the stated quiet hours, the apartment has fallen into disrepair, violates safety and health codes or your property manager isn’t following the lease, you may have cause to break your lease. Check your local laws and, if necessary, check with an attorney if you have ground for termination.
You can find a complete list of landlord-tenant statutes in your area by using this helpful reference guide.
If any of the above circumstances happen to you, or even if you just really aren’t happy and wish to move on, the best first step is just to talk with your property manager. Spell out your reasons for wanting to leave the lease early.
Even if you don't qualify for one of the above reasons, your property manager might be more forgiving if there’s demand for units in your building or complex and they can fill your space quickly. If that’s not possible, you might be able to come to an agreement to buy yourself out of the lease at a lesser rate or sublease your unit until your term is up.