A written lease agreement is a must if you rent your home.Unless you need to move out before the lease ends, these agreements last for a year.If you need to leave before your lease is up, you are at the mercy of your landlord and the terms of the agreement you signed, even if there are laws in place to protect you.If you don't make arrangements with your landlord, you can be sued and have a bad credit score.Depending on your situation and the laws in your state, you can negotiate to cancel a lease agreement.
Step 1: Make sure to read your lease agreement carefully.
If you want to cancel the lease early, you should go back and see if there is any information about it in the agreement.These clauses often require you to pay a fee and give your landlord two months' notice.If you want to break your lease early, you may have to pay a fee based on your rent.
Step 2: Clarify any confusing terms with your landlord.
If you don't understand what you have to do under your lease's buyout clause, you could be sued by your landlord.If your landlord gives you an interpretation of the buyout clause or any other part of your lease, you should send a letter restating that interpretation.If you are sued by your landlord and they argue that you didn't follow the agreement, you can use the letter as proof.If the clause doesn't specifically address additional amounts such as your security deposit, make sure you talk to your landlord about that so you know whether the deposit remains refundable or must be forfeited if you move out early.The security deposit portion of your lease agreement may include information about what happens to the money if you cancel the lease early.
Step 3: It is required that notice be provided.
If your clause requires you to notify the landlord in advance, make sure you do so as soon as possible.It may not be possible to give the notice required by the clause if you have a genuine emergency situation outside of your control.Make sure you give notice as soon as possible and explain the situation.If it's an emergency such as a death in the family or a job transfer, your landlord will be understanding.
Step 4: To buy the rest of the lease, you have to pay the fees.
If you want to leave early, you will have to pay a certain amount of rent.The fee cannot exceed the financial loss incurred by your landlord as a result of your early departure.Your landlord loses money when an apartment is vacant.If she rents your apartment two days after you move out, she may have to give you all or part of the fees you paid to cancel the lease agreement.
Step 5: The property should be left in good condition.
Even if you have to give up your security deposit, clean and repair to avoid getting hit with more charges.If you left when the lease ended, the forfeiture of the security deposit may be treated as a fee rather than a deposit against damages.If this is the case, the landlord may charge you for additional damages that went beyond ordinary wear and tear.If you have to break your lease, treating the property with respect will help you stay on good terms.
Step 6: Take a look at your state's law.
Tenants can end their lease early in some states.If you are a member of the military, you can end your lease early.Some states allow for early dismissal in certain circumstances.If your lease includes an illegal clause, you have the right to end the lease early.A clause in your lease that allows the landlord to charge you rent every two weeks instead of every month if you make a late payment or violate other rules would be against the law.If your landlord attempts to act on the illegal clause, you can break the lease yourself.If the landlord doesn't act on the illegal provision, you will be the one who broke the contract by moving out before the lease ended.If you are a domestic violence survivor and need to find new housing after a dispute, most states allow you to cancel a lease agreement.
Step 7: Talk to your landlord.
You and your landlord can mutually agree to cancel your lease agreement at any time, even if there's no clause in it.You should make an appointment to sit down and talk with your landlord.Don't be rude when you arrive at the appointment.When you're explaining why you need to move out early, stick to the facts.If you have any documents that show you need to leave by a certain date, such as a transfer notice, make copies for your landlord and bring them with you to your meeting.If circumstances prevent you from giving much notice to your landlord, try to plan your meeting as soon as possible.If you show your landlord that you did everything in your power to let them know about the situation as soon as possible, they may be more accommodating.
Step 8: You can offer to give up your security deposit.
If you paid a large deposit, your landlord might be willing to cancel the lease if you give up any claim to the money.If you leave your apartment in good shape, you may be able to get your landlord to cancel your lease.When you move out, make sure the unit is clean and undamaged.If you trash the place because you're not getting your security deposit back, you may be sued by your landlord.You should make sure the security deposit money is treated separately from the rest of the agreement.
Step 9: Find a new tenant.
Since the landlord has to find someone to take your place if you leave early, it might be helpful to have a friend who's willing and able to move in to the apartment.If you have a lot of time left on your lease, you don't have to pay the whole amount if the landlord takes reasonable steps to rent the property again.You could be held responsible for your landlord's costs of advertising the unit.If you know of someone looking for a place to live, you might be able to put them in touch with your landlord.Your landlord will appreciate the time and effort you've put into saving him if they work out as a replacement.If your lease allows it, you may be able to sub-lease your apartment to someone else.If you have permission, check your lease to make sure.For example, landlords who allow tenants to sub-lease may require the new resident to sign an agreement with them or to meet the same standards they've set for original tenants.Even if your lease allows it, finding a replacement tenant may be better than sub-leasing.If you sub-lease your apartment, you are responsible for any damages done by the new tenant.
Step 10: Get an agreement in writing.
If you have a written lease, any agreement to cancel it must be signed by you and your landlord, or it won't be valid.If you and your landlord agree to end your lease early, she may have a standard agreement that she uses.Make sure the clauses apply to your situation if your landlord is using a form.Bring it up if there's anything in her agreement you haven't discussed.You and your landlord should initial anything that's crossed out or changed.If you have a terminated lease that is void on the date your agreement takes effect, you should review the agreement to see what rights and obligations were transferred from the original lease.You have to make any repairs of damages beyond normal wear and tear before you leave.Don't rely on your landlord's word, and make sure that everything you discussed and agreed upon in your negotiations is included in the written agreement.If disputes arise later, make a copy of the agreement and keep it in a safe place.
Step 11: You should research your state's law.
Each state has different problems that qualify as constructive eviction if not fixed by the landlord, as well as different notice requirements.Constructive evictions include shutting off water or electricity, or refusing to repair a leaking roof.The problem must be so bad that it causes a lot of interference with your use of the property.If your central heating system is broken in July, that probably wouldn't be constructive eviction.If there is snow on the ground in January and the landlord doesn't fix the heat within a reasonable period of time, that may be considered constructive eviction.The situation in which you have been deprived of full use of the property is usually caused by your unit being uninhabitable.The legal theory behind constructive eviction is that if the landlord doesn't provide you with a decent place to live, you're no longer obligated to pay rent.
Step 12: Consider hiring an attorney.
Because constructive eviction can be difficult to prove, and typically is raised as a defense after your landlord sues you, an attorney can help make sure your rights are protected and you don't have to pay more money than you should.If you don't have a pre-existing agreement to cancel your lease, you can be sued by your landlord.Constructive eviction is an affirmative defense when you are sued.All aspects of an affirmative defense must be proved.Some states have a duty to make repairs of their own before moving out.Constructive eviction is an extreme remedy that can be used if you can't fix the problem.
Step 13: Tell your landlord about the problem.
To claim constructive eviction, you need to give your landlord written notice of the problem you're having and tell them you plan to claim it.If you've already told your landlord about the problem, a written notice is necessary to claim constructive eviction.You have to be able to prove that your landlord received your letter.If you want to have proof that it was received, you should use certified mail, rather than sending an email or leaving a letter in the office's mail slot.
Step 14: The landlord should be given time to fix the problem.
Allow a reasonable period of time for the landlord to diagnose the problem and make necessary repairs.If you don't know what a reasonable period of time would be, talk to an expert.A gas leak could take several days to fix, while other issues should be fixed within a couple of days.The circumstances surrounding the problem can affect how long is considered reasonable.If the heat goes out in February in your apartment in Michigan, your landlord must act immediately.The need is not as urgent if the heat goes out in June.
Step 15: There is evidence to be documented.
Since it's up to you to prove constructive eviction in court, you must provide objective evidence of the problem you were having as well as your efforts to have the landlord fix it.You could have a state or county inspector look at your unit and file a report.The inspector will start assessing violations if the unit doesn't meet health and safety standards.Take photos of the damage and make sure the date is attached to them.Take photos of the water stains on the walls and ceiling if your ceiling is damaged by a leaking roof.If the problem gets worse because your landlord isn't taking steps to fix it, you should take more photos.
Step 16: Take the property away.
If your landlord doesn't fix the problem in a reasonable period of time, you should leave immediately.If you are sued by your landlord for breaking your lease, you can raise the defense of constructive eviction.If a court agrees with you that you were evicted, you don't have to pay anything under the lease.If you incurred losses as a result of the constructive eviction, you may be able to claim additional damages.If a court determines that there was no constructive eviction, you'll have to pay rent from the date you moved out.