Breaking a lease on an apartment can be a difficult decision, but sometimes it’s necessary. Whether you need to relocate for a new job, are going through a break-up, or simply can’t afford the rent anymore, there are various reasons why you might want to break your lease. If you’re considering breaking your lease, it’s important to know your options and the steps to take.
Here are some important things you need to know:
Common reasons for breaking a lease early
Breaking a lease on an apartment is a big decision and not one to be taken lightly. However, there are some situations where it may be necessary. Here are some common reasons why tenants may need to break their lease and how to handle them:
1. Relocation for work
If you receive a job offer in a new city or state, you may need to break your lease to move. In this case, it’s important to read your lease agreement and check for any clauses that relate to early termination. Some leases may include a clause that allows you to break your lease without penalty if you need to relocate for work.
If your lease doesn’t have this clause, you should talk to your landlord and explain your situation. They may be willing to work with you to find a solution, such as finding a new tenant to take over your lease or allowing you to sublet the apartment.
2. Financial hardship
If you’re experiencing financial hardship and can no longer afford to pay your rent, you may need to break your lease. In this situation, it’s important to talk to your landlord and explain your situation. They may be willing to work out a payment plan or find a way to help you stay in your apartment.
If your landlord is not willing to work with you, you may need to look for a subletter to take over your lease or be prepared to pay any fees associated with breaking your lease.
3. Unsafe living conditions
If you’re experiencing unsafe living conditions, such as a lack of heat or hot water, mold, or pest infestations, you may need to break your lease. In this situation, you should first try to work with your landlord to resolve the issue. If your landlord is not willing to make the necessary repairs or address the problem, you may need to contact your local housing authority or seek legal advice.
Can you break your lease?
It is possible to break your lease, but be advised that you could face certain penalties and consequences. Most standard lease agreements usually last about 12 months. Some renters have short-term leases ranging from one week to six months, and others sign two-year contracts.
With renters’ rights laws, there are a few reasons you can legally terminate your rental agreement without consequence. These reasons may vary from state to state, but a few examples can include:
- You or your family are subject to domestic violence
- The unit is inhospitable or violates local health and safety codes
- You’re entering into active military duty
- Your property manager is harassing or violating renter privacy rights
If you don’t have any of the above justifications, you can still try to get out of your lease early, but you may have a tougher time and face additional consequences, such as fees.
The consequences of breaking a lease
Depending on your property manager, you may face additional consequences. Some property managers might allow you to leave your lease early if you can find a mutually beneficial agreement, but others might take action.
A few consequences you could face include:
- You lose your security deposit
- You’re required to pay the full rent remaining on your lease
- Your property owner pursues debt collection for unpaid rent
- You lose a property manager’s recommendation on future apartment applications
- You can be taken to court
You might know friends or family who were able to get out of a lease early without any consequences, but that possibility depends on the property manager. Before proceeding with the process, you should be aware of the actions that can be taken against you.
How to get out of a lease early
Let’s say you’re moving across the country for a new job and have to break your lease. These are four steps you can take to get the process started:
- Contact your property manager
You’ll want to contact your property manager as soon as possible, by phone or email, and explain your situation. There might be a simple agreement that benefits both of you, and in this case, you’ll likely end up paying something like the remainder of your rent for the current period.
Pro tip: Start the conversation by asking your property manager if they’d allow you to find a renter to take over your lease or sublet it. This will make things easier for your property manager, who won’t have to do the work themselves. Plus, the lease termination conversation is more likely to work in your favor if you’ve already done some of the legwork for your property manager. - Read the details of your lease and give notice
If a casual conversation with your property manager doesn’t do the trick, it’s time to review the legalities of your lease. Typically, you’ll find something called a “break clause” that describes the processes and conditions required of either the renter or the property owner to break the lease before it ends legally.
First, find out if there are any rules about how you’re required to give written notice. Many break clauses dictate the form in which you must submit your notice, such as a written letter mailed to the property owner. If these regulations exist in your lease, it’s important to follow them closely, as a minor violation could result in the property owner declining your notice.
Next, determine when you’ll give notice. You should check your lease and find the specific date your lease began. Then, decide which date you plan to leave. Typically, the lease will require a 30-days notice before leaving. A bit less common, a break clause can contain limitations on breaking your lease depending on how long you’ve been there. For example, it’s possible for a renter only to be able to break a year-long lease after having lived there for six months.
Pro tip: After giving written notice to terminate the lease, ask your property manager for a written agreement to work with you. - Meet conditions
The break clause in your lease will also contain the conditions you must meet for you to legally break the lease (or for the property owner to do so in the opposite situation). These can include being current on rent when leaving, vacating the apartment entirely, or completing any outstanding repairs.
If your property manager requires you to pay out the rest of the rent period, you’ll have to abide by the lease terms. If you have financial concerns, you can request a payment plan that allows you to sign a contract stating that you’ll make monthly payments. Not all property managers will agree to this, so ask yours directly.
If you see the word “dilapidation” in your break clause, it refers to the home or apartment repairs you’re responsible for fixing by the end of your lease. In other words, you are responsible for returning the unit to its original condition. Checking the other sections of your lease to make sure you’re aware of all the repairs you’re responsible for fixing.
Pro tip: Ask your property manager if there are any outstanding damages you’ll need to fix, so you know what they expected of you before leaving. - Consider subletting
You still might need help getting out of your lease in the amount of time you have to do so or with the amount of money you’re willing to put forth.
The most common tactic to take instead of breaking your lease is subletting. If subletting your apartment is allowed, this could be the easiest way for you to move out without having to pay the rest of the lease out of your pocket. You can find a new renter to occupy your unit and pay the rent.
Just keep in mind that your name is still on the lease, so the new renter will be paying you every month, and you would continue paying rent as you usually do. Come to an agreement about who is responsible for damages and the security deposit, so you’re not stuck paying for things the new renter did during their stay.
What to expect after breaking a lease
After completing these steps, you’ll be allowed to break your lease or sublet your apartment. How much you’ll have to pay upfront will vary and depend on which route you go.
If you break your lease early, the property manager might expect you to pay the rest of the rent owed based on your lease agreement. If you sublet, you will be responsible for sorting out rent payment processes for your new renter, and agreeing on what to do about the security deposit. This all depends on what your property manager agrees to handle. Every lease is different, so it’s important to review yours.
Frequently asked questions when trying to get out of a lease
Here are a few frequently asked questions about how to get out of a lease:
You can break your lease without consequence if you meet one of the eligibility requirements, including active duty, property manager harassment, violation of privacy rights, or unsafe living conditions. Otherwise, you’re subject to the consequences listed in your lease agreement.
Breaking a lease often requires you to pay a minimum of two to three months of rent, meaning you may forfeit your security deposit. Some property managers may be willing to work with you to reduce the cost of breaking a lease, especially if they can find another renter soon.
Depending on the terms of your lease, you may be expected to pay rent through the end of your signed lease. However, if you are able to find a sublet to take over your lease you will not be required to pay any remaining rent.
Failure to pay the penalties your property manager charges for breaking a lease could affect your credit score. As long as you make these payments, it shouldn’t impact your credit history. Be sure to read your lease agreement thoroughly so that you understand what implications could happen as a result of breaking your lease.
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