what type of attorney to break 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.

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How to break a lease agreement with a landlord?

An experienced and local real estate attorney can look over your lease and explain to you what your legal options are. Additionally, an experienced …

How can a real estate attorney help me with a lease?

Breaking 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 ...

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

May 27, 2020 · In very limited situations (such as a landlord’s failure to provide habitable premises or a tenant's being a victim of domestic violence) tenants may legally break their lease early. If you’re a tenant and you believe your landlord has done (or failed to do) something that justifies breaking your lease, you should consult with a local landlord-tenant attorney before …

When should you hire a lawyer for apartment lease issues?

Residential Lease Attorney. A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often the tenant will need to pay …

What is a broken lease?

Breaking 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, ...

Can you cancel a lease without penalty?

You've been called to active duty in the military. If you signed the lease before being called up, the Soldiers' and Sailors' Civil Relief Act lets you cancel your lease without penalty.

Do you have to pay rent for a year?

Remember, if you have a fixed lease (usually for a year), you're usually obligated to pay rent for the entire year. This means if your landlord can't find a replacement tenant immediately, or loses rent because of your move, you'll probably have to pay the difference.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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 questions should I ask my landlord about my lease?

Be on the lookout for answers to these critical questions: 1 Does your lease agreement have an early termination clause? 2 Has there been a breach of contract by your landlord that would justify breaking the lease? (Ex: Entering without notice, No maintenance, etc.) 3 Will you lose your security deposit? 4 Are you required to find your replacement? 5 Can you sublet? 6 Will you need to pay the remaining rent for the entire lease period?

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 —...

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.

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 ...

Who is responsible for paying rent?

The tenants are responsible for paying rent until the landlord finds replacement tenants. If the landlord isn’t able to find replacement tenants who pay the same rent as the original tenants, the original tenants are responsible for making up the difference in rent until the lease term ends.

How long does a residential lease last?

Most residential leases have a one-year term. Leases end automatically at the end of their term, and, if the landlord and tenants don’t sign a new lease or rental agreement, the tenants must move out (or, in rare instances, stay on as holdover tenants ). Unless a rental is subject to rent control or another form of tenant protection law, ...

How long does a rental agreement last?

How Rental Agreements End. Rental agreements create tenancies for a short period of time—usually one month (a month-to-month agreement). Landlords and tenants should review their state’s law on terminating month-to-month rental agreements —many states require a certain amount of notice (usually 30 days for month-to-month agreements) ...

What happens if you don't pay rent?

When tenants don’t pay the rent, landlords serve them with a notice giving them a certain amount of time (usually three to five days) to either pay the rent or leave the rental. Cure or quit notices. When tenants break a condition of the lease other than paying rent (such as having a pet despite a no-pets clause), ...

Can you leave a rental early?

Tenants who want to leave a rental early should ask their landlord to cancel the lease—asking can’t hurt, and sometimes it actually works! Another option for tenants is to ask the landlord for permission to sublet or assign the lease to another person.

Can you terminate a lease early?

Terminating a lease early isn't easy for either landlords or tenants. During the term of a lease, both landlords and tenants are bound to what they agreed upon in the lease, including the tenants’ paying rent and the landlords’ providing habitable premises. Terminating a lease early isn't easy for either landlords or tenants .

What are the requirements for a residential lease?

There are certain items that every residential lease must contain, such as the name of the parties, the length of the tenancy, the amount of rent that is due each month, and so forth. However, there are some important provisions that the parties should include like the following: 1 Rules about having pets; 2 Restrictions on illegal activities; 3 Whether the landlord or the tenant will be responsible for repairs and maintenance; 4 Whether a tenant needs to obtain a renters insurance policy; 5 Whether the tenant is allowed to operate a business on the property; 6 Rules concerning smoking policies and other potentially disruptive activities like noise; 7 Clear terms regarding when a landlord is permitted to enter the premises; 8 Instructions concerning what a tenant must do to sublet their apartment and whether or not the landlord even permits sublets; and/or 9 Notice requirements and if there is an option to renew the lease.

Can a landlord terminate a lease before it expires?

A tenant who breaks a residential lease before it is set to expire may face a number of legal consequences. For one, the landlord will be allowed to terminate the lease and can rent out the apartment to a new tenant. The landlord can also sue the previous tenant for any outstanding rent payments and can keep the tenant’s security deposit ...

What is residential lease?

A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often ...

How long does a commercial lease last?

Oftentimes, the contracting parties will enter into a commercial lease agreement for as long as several years. This is in direct contrast to the standards of a residential lease, which are normally for one year or less.

Can a landlord keep a security deposit?

The landlord may also keep the original tenant’s security deposit to make up for the loss of rent and to make repairs if necessary.

What happens if rent is too high?

This is so that if the landlord raises the rent too high, then the tenant will still have time to look for a new apartment before their lease expires. The landlord must also approve a tenant’s request to renew their lease.

How long does it take to renew a lease?

However, the tenant will usually know one to three months in advance of the lease’s end date if they will have to move or not.

What happens if you break your lease?

If you've broken your lease and taken off, expect to lose a month's rent. Even if state law requires your landlord to mitigate, most judges give landlords a month of rent as damages, no matter how quickly they advertised and showed the unit—or how quickly they could have rented it if they had tried.

What to do if your landlord violates your lease?

Again, if you believe your landlord has violated your right to quiet enjoyment of your rental, consider consulting a local landlord-tenant attorney before you move out. Active Military Service. In all states, tenants who enter active military service have the right to leave before the lease term ends without a penalty.

What are the duties of a landlord?

Fortunately, in most states, landlords cannot simply sit back and wait for the term to end, then sue you for the rent due after you left. Instead, landlords must take reasonable steps to rerent your former place and, if they are successful in rerenting, credit rent received from the new tenant to your debt. In legalese, this duty is called the landlord's duty to mitigate damages. Before you make the move, check your state law on landlord's duty to rerent (that is, to mitigate damages). This tenant-friendly rule has some limitations, however: 1 Landlords can sometimes hold tenants responsible for the costs of advertising and showing the unit. 2 Landlords must take reasonable steps to rerent, not heroic ones. Landlords don't have to give special priority to a unit in order to rerent it, nor do they have to lower the rent for the unit. 3 Landlords don't have to accept any applicant who walks in the door. Instead, landlords attempting to mitigate their damages need only to apply the same application criteria they used when they rented to the original tenant. Still, you can help the situation a lot by offering your landlord a replacement tenant, someone who has the same good credit and rental history that you did (or better).

What happens when a lease is over?

When the fixed amount of time (the "term" of the lease) is over, the lease ends. At this point, one of a few things can happen: the tenant moves out. the landlord and tenant sign a new lease, with the same or different terms. the tenant stays in the rental with the landlord's approval, creating a new tenancy (in most states, ...

How long does a military lease last?

Once the landlord receives notice, a month-to-month tenancy will end 30 days after the day that rent is next due.

What is the landlord's duty to mitigate damages?

Instead, landlords must take reasonable steps to rerent your former place and, if they are successful in rerenting, credit rent received from the new tenant to your debt. In legalese, this duty is called the landlord's duty to mitigate damages.

Do landlords have to rerent when a tenant breaks a lease?

Most Landlords Must Try to Rerent When a Tenant Breaks a Lease. Let's start with the basics: Your lease is a contract, obligating you to pay rent for the entire term. The fact that you pay in monthly installments doesn't change the fact that you owe the landlord for the entire amount. So if you split early, what's to stop ...

How to get out of a lease without penalty?

One of the ways to get out of a lease without penalty is to find some occurrence in which your landlord was in breach of the contract and use it as a an escape route. In many cases, this is going to be absolutely impossible. If your landlord has always fixed problems promptly and you have no documented complaints even your lawyer may tell you there ...

What happens if you win a lease?

If they win, you will need to pay much more than the remainder of the rent- think lawyers’ fees and interest.

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

Your lease may allow you to terminate with a 60-day notice for job relocation, major life change, or if you need to become the caregiver of a loved one. You might also discover the lease termination fee specified is much lower than you’ve been dreading, which could simplify things significantly.

What is a termination agreement?

This type of contract is called a lease termination agreement and it reflects both landlord’s and tenants’ rights and obligations.

Why is there no legal protection against not honoring a lease?

The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term , and as a result, provide no legal protection against penalties for not honoring the lease. They bought a house. They are relocating for a new job or school.

What happens if a landlord violates a lease?

Violation of the lease agreement. If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and reli eve the tenant from their own obligations (i.e. illegally raising the rent during the fixed period). Illegal contract.

Does Indiana have a law for domestic violence?

Indiana provides tenants who are victims of domestic violence with special rental provisions for their protection. If you are confronting a domestic violence situation (this can also be stalking), and want to move, check with local law enforcement regarding special state laws that may apply in domestic violence situations. Some statutes the state of Indiana provides for victims of domestic violence include:

What is proof of status?

Proof of Status. The landlord is entitled to verify the claim of Domestic Violence status. Lease. The landlord must not terminate a lease, refuse to renew a lease, refuse to enter into a lease, or retaliate against a tenant who is a victim of domestic violence (IC 32-31-9-8). Termination of Lease.

How long does the Civil Relief Act last?

The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge.

Is harassment a violation of a tenant's privacy?

If the action is serious enough, harassment by a landlord or their violation of a tenant’s privacy may be enough justification for relieving a tenant of their obligations of the lease.

Do you have to provide notice for a fixed lease in Indiana?

In Indiana, a tenant is not required to provide notice for fixed end date leases, the lease expires on the last day of the lease (IC 32-31-1-8). Tenants are required to provide notice for the following lease terms: