Friday, December 2, 2011

Ways to Break a Lease for Renters

Breaking your lease as a renter can require negotiations with the landlord. Lease agreements generally offer more protection for the landlord than the renter. For example, leases clearly spell out how the landlord can terminate the agreement for reasons such as late rent payments, excessive noise, having too many people in the home or apartment and more. You, as the renter, have fewer legitimate reasons for breaking the lease, but there are some options available.

Legal Advice

    Getting some basic legal advice can be helpful as you look for ways to break your lease. You'll likely have to pay for a consultation with a real estate attorney, or you may qualify for free advice from a local chapter of Legal Aid -- a nonprofit organization offering free legal help to those unable to pay. An attorney can consider your specific situation and tell you if you have a strong legal position for breaking the lease. For example, simply not liking your neighbors doesn't give you a legal right to break your lease. Neither does being annoyed by the condition of the fitness equipment in the apartment complex's health club.

Reasonable Expectations

    The Apartment Ratings website advises that a review of your lease isn't likely to turn up any easy ways to break your lease that were not negotiated in advance. However, good legal can advice can help you develop a strategy for negotiating with your landlord without making it a legal case. Apartment Ratings points out that most leases require landlords to provide only basic amenities for your "reasonable enjoyment" of the rental home or apartment.

Early Termination

    The easiest way to break the lease is through an early termination clause included in the lease agreement. For example, your lease may allow provisions for it to be broken with a 60-day notice and a termination fee equal to two months rent. That's not a real bargain for you, but it can be valuable if you are taking a job in another city and can be reimbursed for the termination fee as part of your relocation package.

Negotiations

    Simple negotiations may be best if a review of your lease by a lawyer fails to provide any legal remedies. If you're having financial problems simply tell the landlord that you have to move out immediately and you don't have the money to pay an early termination fee. That should be your opening position with room to negotiate. Back up your story by showing the landlord written proof of a layoff or some other hardship.

Special Programs

    CBS MoneyWatch reported in 2009 that some apartment complexes were letting people out of leases with proof of unemployment. Ask your landlord if that's a possibility for you if you are unemployed. If that option is not possible tell the landlord that you are willing to reach a fair agreement for terminating the lease or you will simply remain in the home or apartment until you are evicted. It is possible that your sincerity will entice the landlord to let you out of the lease without any further obligation or negotiate a termination fee that you can afford. After all, the landlord could stand to lose money in a protracted eviction process and may decide that an eviction isn't worth the hassle.

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