Breaking A Lease: How Difficult Is It?
There are many potential legal and financial consequences to breaking a lease. Anyone who is considering trying to take such action should give very serious thought to these consequences before moving forward. It is possible to break a lease under certain circumstances, but it is not an easy or fast process. Before you begin to consider breaking a lease there are certain things you need to know and do.
It is very important that you know your rights before you begin to attempt breaking a lease. You must know what you are legally entitled to do and what you are prohibited from doing. Carefully read over the lease agreement you signed with your landlord before taking possession of the property. Carry out some preliminary research on the landlord-tenant laws in the state in which you live. Take careful notes on anything that might pertain to your particular situation which might make it legal for you to break your lease.
Sometimes the state in which you live might require you to do certain things like notifying the landlord of any problems you are experiencing in the apartment that might make you want to break your lease. If you notify your landlord about any such problems, be sure to do it in writing and keep a record of it. This will be important information for you to have if your case becomes a legal matter.
It is important that you understand the reasons for breaking a lease. If you wish to break the lease because you can no longer afford to pay the rent or your job has been transferred and you need to move to another location closer to your new job, breaking a lease can be quite easy in cases like this. Usually in cases such as this, your landlord will simply require notice of about two months. Failure to give this notice may result in you forfeiting your deposit.
in all cases where a tenant is considering breaking a lease because of maintenance issues, it is vitally important that he or she keeps very strict records of breaches in maintenance. Doing so may allow the tenant to break the lease with no financial repercussions whatsoever. In most states, a tenant is allowed to break a lease and immediately vacate the premises if a violent crime occurs on the property or a serious breach of the health code occurs and the landlord does not fix it right away. In cases such as this, however, it is important that the tenant be able to prove the problem existed and that he or she notified the landlord on not just one, but several occasions with no action taken.
It is essential that you notify the landlord of your intent to break your lease and the reason for doing so. It is very important that the tenant does not simply move out. Notification should be provided as far in advance as possible to allow the landlord ample time to rent the apartment to another tenant without incurring financial loss.