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Questions on Breaking a Lease

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    Is It Illegal?

    • According to RentLaw.com, there is no law that says you can't break your lease. However, your lease is a legally binding contract, so you're legally obligated to comply with its terms. Breaking the lease exposes you to liability if it causes the landlord to suffer damages.

    What Is the Landlord's Responsibility?

    • The landlord has a responsibility to mitigate the damages he incurs when a tenant breaks a lease. That means he has to take reasonable action to limit his damages, such as making an honest effort to rent the unit to another tenant. Such efforts might include listing the unit for rent with a real estate broker, or advertising it himself in local newspapers and online classifieds.

    What are the Consequences to the Tenant?

    • The primary consequence is that the tenant will still owe rent until the landlord leases the unit to another tenant. She's likely to forfeit her security deposit and, depending on the terms of the lease, may be responsible for paying additional months of rent, whether or not the landlord finds a new tenant. If the landlord's good-faith effort to find a new tenant fails, the current tenant is responsible for paying rent for the full term of the lease, whether or not she lives there. If she refuses, the landlord may bring a civil suit against her. If the landlord reports to credit bureaus, breaking a lease can reduce the tenant's credit score as much as 50 points, according to Bankrate.

    Is it Possible to Leave on Good Terms?

    • If the tenant does everything in his power to make the transition as easy for the landlord as possible, he may be able to break his lease without jeopardizing his relationship with the landlord, or the likelihood of a favorable reference. Give the landlord as much notice as possible. Acknowledge that your intent to move puts the landlord in a difficult position. Offer to assist in any way possible. Reassure the landlord that you'll keep the unit meticulously clean, so she can show it to prospective tenants with minimal notice. Offer to share or shoulder the cost of advertising. Do your best to secure a new tenant on the landlord's behalf.

    What Are the Alternatives?

    • In some cases, it might be possible for the tenant to stay. For example, a landlord might agree to a rent reduction, even if only temporary, for a good tenant who is experiencing a short-term hardship that necessitates finding a less expensive place to live. Some states allow tenants to sublet their rental units unless their leases specifically prohibit subletting. The tenant still bears ultimate responsibility for rent and for care of the home. If the lease or state law prohibit subletting without the landlord's written permission, the tenant should discuss the possibility with him.

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