mutually breaking a lease?

Question

If my landlord and I agree to break our lease. What is the proccess? Am I entitled to my last months rent and security deposit?

Answer 1

Just write up a simple statement that states that you are terminating the lease by mutual agreement. Refer to the original lease and include its date and the description of the property. This agreement could also adjust the ending date of the lease to the date that you and your landlord agreed upon. This would keep all other terms of the lease intact.

Make two copies of the agreement and both of you sign both copies. This will protect both of you if there are any disputes in the future.

Treatment of the last month's rent and security deposit should be addressed in this agreement; you should negotiate this with the landlord. Typically, you would pay the landlord one month's rent as liquidated damages (your last month's rent already paid) but this is up to both of you to work this out. The security deposit would normally be handled as spelled out in the original lease.

Answer 2

You would both sign a 'Mutual Termination of Lease'. You are entitled to the prorated portion of the remaining month. So if it is signed and keys are turned in say July 15th, then you are due the prorated rent from July 16th - July 31st.

And let's say lease went through to September, you will no longer be responsible per the lease to pay through your lease once the mutual termination of lease is signed.

And yes, you are entitled to your security deposit less any damages, unpaid utilities, unpaid rent, etc...

Answer 3

You should be entitled to it if you both agree to you leaving as long as there is no damage to the aptartment or house.