RPA Tenant Rights Blog » General Topics, Videos Post » How to Break a Lease Agreement with Minimal Damage

How to Break a Lease Agreement with Minimal Damage

By Tenant

You signed a lease agreement and it is legally binding. This means that you have to act your end of the deal as your landlord does his part. If you break the lease agreement, you could get evicted. And an eviction is something that you want to avoid since it limits your chances of finding another good apartment to rent. So if you really want to be out of your lease agreement sooner than agreed, here are some tips for you:

* Check your lease agreement and your state tenant laws.

Your state tenant laws should outline the instances which allows you to cancel a lease agreement legally. For instance, violations to the housing and health codes that have not been addressed by your landlord are legal bases for complaints. Examples of these violations could be faulty wiring, sewer that does not match your housing requirements, and mold and so on. Your landlord has a responsibility to keep the rental property in good and safe conditions. If he fails to do his end of the deal then he has breached your contract and with the help of a lawyer or a mediation company, you can get out of the lease agreement.

* Look for the early termination clause in your lease agreement.

You won’t find this clause easily because not all lease agreements has it. Basically, this is the part in the lease agreement that allows you to break the lease for reasons like a loss of job, job transfer to another state, medical reasons and death and so on. If your reason for breaking the lease is within the list of reasons acknowledged in the early termination clause then you’re safe.

* Beg for mercy.

Yes, this may sound demeaning but it works sometimes! If your landlord is understandable and forgiving, begging for mercy will get you off the lease agreement with minimal to no damage. But if your landlord is after your money, you will be wasting your time by begging.

* Forget about your security deposit.

If you want to break your lease without damage to your credit, you may have to be open to the idea that you won’t get your security deposit back. Your landlord may agree to this option especially if there are no damages to the property, other than normal wear and tear. Why? Well, if there are damages, your security deposit may not be enough to cover the damages and pay for your early termination penalty.

* Set up a payment plan with your landlord.

If you can’t afford to pay the early lease termination and you badly need to move, then you can setup a payment plan with your landlord. This way, your landlord is assured that you are not running away from your financial responsibility. This is also  easier for you to handle because you can budget your money well.

If a breach of the lease agreement was initiated by your landlord and now, he won’t agree to free you from the lease, you can file a complaint against him. Use RPA’s mediation center, which is available through this link: http://www.rentalprotectionagency.com/complaint_center.php

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Edited on: Tuesday, February 26th, 2013 8:31 pm
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15 Responses to “How to Break a Lease Agreement with Minimal Damage”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Deadra

February 26th, 2013 8:40 pm

These are funny tips but I think they’re practical and could help.

Jesse

February 27th, 2013 8:40 am

Thanks for the article!

Tyler

February 27th, 2013 9:20 pm

I would never beg my landlord for mercy just so I can get out of the lease agreement. He’s a slumlord anyway so I’m pretty sure he won’t get me off the hook without paying a lot!

Clarence

February 28th, 2013 9:20 am

I signed a lease agreement but I was never asked for a security deposit. The problem is, now I want to break my lease early and my landlord is telling me that I need to pay 2months rent with the current market rent. Apparently,the market rent is $100 more than what I’m paying. So how do I get out of this lease agreement with minimal damage? How do I know the current market rent?

Russ

February 28th, 2013 9:40 pm

The market rent is basically how much your landlord is expecting you to pay given the condition of the housing market in your area. You will get an idea of the current market rent by asking around your neighborhood as to how much similar rental properties are charging their tenants. For specifics, feel free to ask your local housinrg department.

Edgar

March 1st, 2013 10:00 am

Yes, that’s probabaly the reason why your landlord did not ask you for a security deposit?because of the high early termination penalties.


Merilyn

March 1st, 2013 10:20 pm

Is that legal? You may want to check your local state laws or seek legal assistance.


Alyce

March 2nd, 2013 10:20 am

I agree with the payment plan. I do that with tenants who want to break the lease early and cannot afford to pay the penalties. Of course, I need something to hold them by and I use the security deposit.


Mickey

March 2nd, 2013 10:20 pm

Isn’t it that the security deposit is only supposed to cover the cost of repairs?

Renee

March 3rd, 2013 10:20 am

But depending on the state laws and what’s written on the lease, the security deposit can also be used to cover any unpaid rent. So I think it’s just legal.


Kim

March 3rd, 2013 10:40 pm

Maybe your termination fee is too huge that’s why your tenant has to setup a payment plan? I only charge half of the month’s rent as termination fee. Yes, it’s less than average but I want to make sure that my tenant can pay me. I don’t like the hassle of having to go after them because they had to setup a payment plan just to pay everything that they owe me.


Truman

March 4th, 2013 10:40 am

If you want to be out of the lease early and you don’t want to spend a lot, ask your landlord if you can sublease. Some landlords would allow this. Anyway, if you sublease, you will still be held responsible for the lease so if the replacement tenant doesn’t pay, your LL will still go after you. Subleasing is actually a risk for you, the tenant.

Carroll

March 4th, 2013 10:40 pm

Correct. And if your landlord agrees that you sublease, stage the apartment really nicely so that you can find a new renter.


Cyrus

March 5th, 2013 10:40 am

If you can even get your landlord to agree to a replacement tenant, it would be better news. A replacement tenant means that you will bring someone in who would pass all the requirements of the landlord and he will sign a new lease agreement. He will take over your apartment when you move out so there’s really no loss of business on your landlord’s part.

Roderick

March 5th, 2013 10:40 pm

Beg! Oh man! You have to wish..and I mean WISH? that your landlord takes pity on you! Landlords have a business to run so they want to protect their investment at all times. Your begging may not have the same effect that you desire.


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