Breaking your lease is a huge decision, especially since the lease is a legally binding document. Unfortunately, this decision often comes with a penalty. In some instances, however, there are ways to get out of a lease without paying a penalty. Knowing these instances can help you make the decision if you feel like you need to break your lease.
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Read the lease
The first thing you should do is read your lease agreement. This will outline what fees are required to be paid and how to break your lease. It will also tell you if your landlord allows your to sublet your apartment if you end up needing to break your lease. Knowing what your lease says about breaking the lease will help you navigate the situation and let you know of anything you need to do in order to possibly avoid paying a penalty.
Talk to your landlord
No matter what, it is important to communicate with your landlord. If there is a situation that you are having with a roommate, set up a time to meet with your landlord, preferably in person, to discuss what to do moving forward. Being open and keeping them updated allows them to understand your situation and they may be willing to help you avoid a penalty if you work with them. Breaking your lease without staying in communication will likely result in your landlord giving a negative reference, no matter what your reasoning is. Give plenty of notice if you decide that you have to break your lease. Negotiate with your landlord, even before signing the lease, to see if there is anything that can be added to the early termination clause.
Legal reasons
In some cases, there are legal reasons to break your lease. Your landlord is legally required to maintain the property and provide things such as running water and safety measures. Your landlord may have failed to uphold their end of the lease, such as illegally entering your space without proper warning. You may be a victim of domestic abuse. These things, in many states, are legal reasons to break your lease. Check with your local laws to see if your particular situation fits into legally breaking your lease.
Document everything
When you are working through the process of breaking your lease, be sure to document everything. Take screenshots of your conversations with your landlord, especially ones through email and text. If you have a phone call, have your landlord send a follow-up email to get what was said in writing as well. Provide copies of maintenance requests that were not completed. If you are breaking your lease legally, you want to have documentation on hand to back you up in case you have to go to court. If you do not have the proper documentation, you do not have proof of what you are talking about.
Find a replacement
At the end of the day, your landlord makes money from you having a lease and paying rent each month. Check your lease to see if your landlord allows subletting. This is essentially finding a replacement for you so you can move out without paying a penalty. You are still “on the hook” for many things at the apartment you are subletting, so make sure the person is responsible. Even if you are unable to sublet, you may be able to help your landlord find a new tenant, which could possibly allow you to break your lease without paying a penalty. As mentioned before, it is still important to check your lease and talk to your landlord so you know exactly what is expected of you. You may even be able to transfer your lease to someone else.
Early termination clause
Your lease may have an early termination clause that allows tenants to break the lease for reasons not protected by law. These often include job loss, job relocation, or a family medical crisis. Read your lease carefully to find out what is covered. Make sure you give plenty of notice and provide any documentation you may need. State or local laws may have requirements you need to uphold, even in these situations.
Go above and beyond
Even before you feel like you have to break the lease, do your best to be a great tenant. Keep your space clean and be a good neighbor. Follow everything in your lease perfectly and let your landlord know of issues you have immediately. Pay your rent on time. Being a great tenant will help your landlord be more sympathetic to your needs. During move-out, do a deep clean and offer to make any minor repairs. These things may help your landlord potentially forgive the remaining rent you may have to pay.
Breaking a lease early can be costly for both you and your landlord, but there are things you can do to avoid the penalties and legal fees.
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