hire an attorney when breaking a lease

If you have any questions regarding your right to terminate a lease, you should consult with a skilled and knowledgeable landlord tenant lawyer in your area. An experienced and local real estate attorney can look over your lease and explain to you what your legal options are.

Full Answer

How can a tenant break a lease?

A written lease or rental agreement is a binding contract between you and your landlord. While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, so you could be penalized.

Can I Break my lease if I move for a job?

Dec 16, 2004 · Often, a landlord will simply release a tenant from a lease, especially when the tenant can find another suitable tenant to replace them. If a person is experiencing domestic violence and must break the lease in order to escape the violence, this is a legally acceptable reason for breaking the lease as well.

Can you break a lease early and legally?

Feb 08, 2022 · Should I hire a lawyer regrading breaking a lease? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. ... Find a lawyer by practice area. Start with your legal issue to find the right lawyer for you. Choose an area of law that your issue relates to:

What happens if you break a lease due to domestic violence?

Jul 29, 2013 · master:2021-12-22_10-02-24. In all but the simplest deals, it's a good idea to hire an experienced real estate lawyer to help you negotiate your lease, or at least review it. While you may understand the meaning and significance of the clauses in the landlord's lease, that's no substitute for a legal analysis of the particular lease your landlord has handed to you.

What happens if you break a lease?

If you break a lease without the legal grounds to do so, you may be required to pay an early termination fee. Depending on the terms of your lease, there may or may not be a penalty for terminating a lease. An example of this would be having to pay the rent for the remaining months on your lease.

How long does it take to terminate a lease?

Leases such as these can be terminated by either the landlord or tenant for almost any reason; sometimes prior notice is required, usually thirty days; Tenancy at Will: Under tenancy at will, either party may terminate at any time, as long as prior notice was given.

What is a lease contract?

Leases are contracts which legally bind both sides. This means that tenants may wish to terminate a lease before the landlord does. A tenant may enforce a termination of lease agreement under the following limited circumstances: Periodic Tenancy: An example of periodic tenancy would be a month to month lease.

Can a month to month lease be terminated?

Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason. Sometimes prior notice is required, which is usually thirty days; and. Tenancy at will, in which either party may terminate at any time, so long as prior notice was given. As previously mentioned, landlords usually accomplish ...

What is a 3 day notice?

A common type of notice is the 3 day pay rent or quit notice. This notice asks the tenant to pay rent, or to move out, within three days of receiving the notice. If the tenant fails to comply with the termination notice in the amount of time provided, the landlord may then file an unlawful detainer action. Alternatively, an eviction is ...

Can a tenant cancel a lease?

Because a lease is a legally binding document, a tenant generally cannot cancel a lease except under specific circumstances. A landlord failing to obey a building code does not usually warrant a tenant terminating a lease; nor does landlord failure to maintain common areas, such as a courtyard.

What happens when a landlord evicts a tenant?

If a landlord wishes to evict a tenant, they must follow the very strict procedural rules of the state and, if in a rent controlled market, the city. When rent goes unpaid and the landlord is unable to contact the tenant, it could seem that the tenant has abandoned the property without notice. If the landlord suspects that a tenant has abandoned ...

What happens if you break a lease early?

It’s important to be aware of the potential consequences of breaking a lease early. While you may not have any other option but to break your lease, you may find yourself: 1 Facing a lawsuit by your landlord – A lease is a legal contract. That means your landlord is within their legal right to pursue you in court for remaining rental payments, as well as damages for loss of income and the cost of finding a new tenant. 2 Paying out of pocket – Lease agreements often include penalties and fees for breaking a lease. Most commonly, early termination fees are two months’ rent. Various state laws limit the maximum amount a landlord can charge, so be sure to check your state’s legislation on the matter. 3 Losing your security deposit – In addition to possible early termination fees, you’ll most certainly have to forfeit the security deposit you paid when you first moved in. Be prepared for this loss of money as it’ll impact your new apartment hunt. 4 Damaging your credit score – On top of all monetary consequences, most renters don’t realize that breaking a lease can negatively affect their credit score. Landlords and property management groups will often report your rental history to credit scoring agencies, and breaking a lease is considered a significant black mark. Having a poor credit score will make it more difficult to rent an apartment in the future.

What to do if you have trouble negotiating a clean break with your landlord?

If you’re having trouble negotiating a clean break with your landlord, consider finding a new renter to either relet or sublet the property. Finding a replacement on your own is a great way to alleviate your landlord’s fears about losing money when you move out.

What is a subletting agreement?

Subletting: Similar to reletting, subletting is when you find a new renter to take over your lease, and they pay rent to you directly.

Can you pay off rent for the remainder of your lease?

Once you’ve exhausted all your options, the last recourse is to pay off the rent for the remainder of your lease period. It isn’t always financially feasible for most people, but it’s the only guaranteed way to avoid paying a penalty for breaking a lease. If you’re worried about paying everything off at once, discuss with your landlord about the possibility of paying off the balance in installments.

Can a landlord sue you for breaking a lease?

Facing a lawsuit by your landlord – A lease is a legal contract. That means your landlord is within their legal right to pursue you in court for remaining rental payments, as well as damages for loss of income and the cost of finding a new tenant. Paying out of pocket – Lease agreements often include penalties and fees for breaking a lease.

Who is Zachary Vickers?

Zachary Vickers is a staff writer for Legal Templates. Previously, he served as an editor for a team of investigative and legal journalists. His legal advice has been featured across the web —...

Can you break a lease?

Breaking a lease can have significant legal repercussions, as a lease agreement is a binding contract. Yet sometimes it’s just not feasible to stay in your apartment or house any longer. There are ways to get out of a lease. Understanding what happens if you break a lease will help you minimize costly ramifications that may occur ...

What can a lawyer do for you?

Here are some of the important things a good lawyer can do for you: Spot subtle (or even not so subtle) variations on a lease clause you are familiar with, and explain its meaning to you. Warn you of hidden problems (or windfalls) in the lease that aren't-obvious to the unprofessional eye.

Do lawyers specialize in real estate?

Most lawyers who don't specialize in real estate have only limited experience in landlord-tenant legal issues—and even those with some experience may know only about residential tenancies. So if you just pick a name out of the phone book or go to the lawyer who prepared your will, you may wind up with someone who's less than ideal for handling commercial lease issues.

What you need to know before you break your lease

Breaking a lease agreement is a serious decision with potentially high costs. Learn when you can break a lease, and how to lessen the consequences.

Can I legally break my lease?

Whether you have to relocate for a job, lose your roommate, or simply can’t afford to stay, consider these things before breaking an apartment lease.

How to legally break a lease

Breaking a lease responsibly means knowing the local law, communicating with the landlord, and paying any penalties or rent you owe.

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Frequent legal dispute causes. No set of laws lives in a vacuum. By this, one can...

Who is Anayat Durrani?

break lease lease agreements tenant rights. Anayat Durrani is a freelance education reporter for U.S. News and World Report. Her work has been featured in Military Officer, California Lawyer, the American Scholar, and PracticeLink magazines.

Can you break a lease?

While breaking a lease is generally a big no-no, sometimes there’s no way around it. Life happens, and certain circumstances might warrant getting out of your rental situation. “ Breaking a lease can be complicated, and it can be costly,” says Dylan Lenz, CEO of Naborly, a modern-day property management software for landlords.

How long does a lease last in Florida?

A lease often lasts for a fixed term, which is typically a year from signing the lease agreement. After the lease term ends, you must either; Continue living on a month-to-month lease agreement, in your Florida rental. Once you sign a lease, you are committing to a full term stay. Nonetheless, if circumstances change and you want to move out ...

How to avoid early termination fee?

You can avoid paying the early termination fee by transferring the lease to another party. It could be a friend, family, or anyone looking to rent out a house or apartment. Simply approach your landlord and explain your intention to transfer the lease to another party.

How much notice do you need to give a landlord in Florida?

According to Florida Statutes 83.53, your landlord must give you a 12 hours’ notice prior to entering your rental property. The law further states that if the landlord violates your privacy rights then you have the right to break your lease before it ends, without any further rent obligation.

Can you break a lease in Florida?

You can break a lease under Florida Statutes Landlord-Tenant Law 83. 60. Law 83.60 focuses on the landlord’s ability to provide a habitable rental premise, under the local and state housing codes. These codes govern housing quality and dictate if sufficient hot water, heat, and locks were provided.

What happens if you break a lease?

These include: Landlord could sue tenant for rent owed. 1 . Landlord could sue tenant for breach of contract and damages. 2 .

How long do you have to give notice to break a lease?

Must provide this notice at least 30 days prior to desired date of termination. Some states require more than 30 days ’ notice. The tenant is only responsible for paying rent up until the date of lease termination.

What is a lease agreement?

The lease agreement is a contract between landlord and tenant where the tenant agrees to live in the rental property for a set period of time. Although the tenant may have had every intention of remaining in the rental for the entire length of the lease, situations come up that may force the tenant to move out earlier.

Is it illegal to rent an apartment?

The Apartment Is Illegal. If it turns out that the apartment a tenant was renting was not a legal rental unit, the tenant can terminate the lease agreement without penalty. State laws will vary, but the tenant is often entitled to the return of at least a portion of the rent they have paid over the life of their lease.

What are the rights of victims of domestic violence?

4. Victims of Domestic Violence. Many states include protections for victims of domestic violence in their landlord tenant laws. Tenants who have been victims of domestic violence may have the right to terminate their lease agreement without penalty .

What happens if a tenant complains to the building department?

If the tenant complains directly to the building department or other health or safety organization, an inspector will come to the property to see if the tenant's complaint has any merit. If the inspector decides the claim is valid, the landlord will be sent a violation notice, stating that the landlord needs to fix the problem within a certain number of days. 7 

How much notice do landlords have to give before entering an apartment?

Landlord Violates Rules of Entry or Harasses Tenant. A landlord must usually give at least 24 hours’ notice before the landlord has the right to enter the tenant’s rental unit. In addition, the landlord must have a legal reason to enter the apartment, such as: To Inspect the Unit. To Make Repairs.

What to do if you break your lease?

If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don't just move out and hope your landlord gets a new tenant quickly and doesn't charge you for the remaining time on your lease.

Who wrote Every Tenant's Legal Guide?

Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.

What are the rights of a tenant in Florida?

Tenant Rights and Responsibilities When Signing a Lease in Florida. A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can't raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease).

How long do you have to give notice to evict a tenant in Florida?

For example, your landlord must give you three days' notice to pay the rent or leave (Florida Stat. Ann. § 83-56 (3)) before filing an eviction lawsuit. If you have repeatedly violated the lease within a 12-month period, your landlord may give you an unconditional quit notice, giving you seven days to move out. (Fla.

What is the duty of a landlord in Florida?

Landlord's Duty to Find a New Tenant in Florida. Landlords in most states (for example, Arizona) must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease.

Can you move out of a lease in Florida?

There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations. 1.

Can you break a lease after signing a lease?

1. You Are Starting Active Military Duty. If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.)