Breaking a Lease
Breaking a Lease – Information That You Need to Know As a Tenant
Even the best of us are sometimes faced with tough situations that will make us to fail in our obligations, even though we would like to avoid it at all costs. Breaking a lease is one such situation that might become necessary for a tenant who is just not able to continue living at a rental property for various reasons. Though breaking a lease will generally work against the tenant, it is possible for a tenant to protect themselves in certain situations where breaking a lease can be justified with some valid reasons. This article will quickly cover such situations.
Relocation – Breaking a lease – If a tenant can prove that they have to relocate to a far off place in order to continue their employment or that they have to move due to some pressing concerns, the landlord and tenant might be able to negotiate a mutually agreed upon eviction that is also called a constructive eviction. The law will still favor the landlord if the tenant is breaking the lease although some state laws will require that the landlord at least allow the tenant to sub let their apartment if they have to relocate for important reasons. Also, a landlord must cooperate with the tenant if the tenant takes efforts to find the landlord a new tenant who is willing to occupy the rental property in question. It is also the duty of the tenant to cooperate with the landlord by making the apartment available for a new client as soon as possible if the landlord has already found a substitute for the tenant who is moving away.
Military deployment – Breaking a lease – Most state renting laws will allow people deployed in the military to cancel their leases without much of a problem. Some states prohibit landlords from suing or taking action against tenants who end up breaking a lease because they have to take up military deployment. However, even military personnel are expected to help the landlord when they are breaking a lease by making an effort to find an alternative tenant for the property when they leave.
Illness – Breaking a lease – Some states will allow the breaking of a lease without any legal obligations if the tenant can prove that they are no longer able to live by themselves and that they have to move to an assisted living facility or nursing home. This particular clause about breaking a lease is specifically applicable to senior citizens who often have to move to medical living quarters beyond a certain point in their life. However, even the senior citizens will be required to give a reasonable notice period before breaking a lease unless their condition deteriorates very suddenly; in which case, breaking a lease is permissible even without notice.
Unemployment – Breaking a lease – One of the most common reasons for breaking a lease is that of unemployment. People are left with no choice and end up breaking a lease when they lose their jobs. If a tenant is planning on breaking a lease because they have lost their job, it will be in their best interests to explain their situation in great detail to the landlord who might be able to help them out with some options such as subletting or a constructive eviction.