Legally breaking a lease is possible, but a tenant will likely suffer the penalties and fees associated with doing so. A lease is an agreement between two parties over a rental property, and this rental contract generally includes a time frame when the renter promises to reside in the property and pay rent. The landlord includes language that encourages the tenant to stay in the property for that specified time.
Myths Associated With Legally Breaking a Lease
When a tenant seeks to move from a leased property, there can be any number of reasons-new job, marriage or divorce, health concerns or simply desiring to move. Many tenants mistakenly believe that, if the reason to move is good enough, the lease agreement and any financial responsibility to the landlord should be waived. However, a lease is a real estate contract, and it commits the tenant to a course of action.
How To Break A Lease Legally
The method of breaking a lease legally depends on how the lease agreement is worded. Most lease agreements require a written notice to vacate delivered to the landlord a certain number of days before vacating. Typically, this is 30 days in advance. This gives the landlord time to advertise and sign new renters, offsetting any loss in rent that would result from a vacancy.
The lease agreement is written to protect the landlord from sudden vacancies and therefore a gap in income. Therefore, lease agreements are generally worded so that, if the tenant vacates before the agreed-upon time, the tenant must pay certain fees and penalties. This could mean the tenant is responsible for paying rent to the property until the landlord finds a new tenant. It could simply mean forfeiting part or all of the deposit on the property. A tenant should read the terms of the lease carefully to comprehend what might happen if he moves out early.
Exceptions For Military Service
Landlords and tenants should note that, according to the Servicemembers Civil Relief Act (SCRA), if a renter is activated to military duty, the landlord is required to charge rent only for the months before termination of the lease. Any security deposit must also be returned to the servicemember. The servicemember is required to notify the landlord in writing and provide a copy of any activation paperwork.
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