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Legally, is it possible to break the lease without losing my deposit?

2006-08-03 17:52:05 · 22 answers · asked by littleredms 4 in Business & Finance Renting & Real Estate

22 answers

Each state has different rules. Check your local state rules for landlord-tenant act.

If you do not have a valid lease: for example, if there was supposed to be a "joint" walk-through to designate all the existing damage, an inventory, etc., and it was not done, then you do not have a valid lease.

Do a little research: make sure that you have leased from someone who is licensed. If they are not licensed, then again, you may not have a valid lease as they cannot sign off on the document.

If the tenant act in your state allows for subleasing - then try that. Call the owner - tell them what is happening, but make sure you know exactly what you said. For example: I lost my job, I just cannot afford this, and I won't be able to pay this much rent; or we just had a child and need more room; or the noise is affecting my health because I cannot sleep - whatever, most people are understanding and tell the owner that they can show the unit with 24 hour notice if they won't just let you move out at the end of your term, or you run an ad and find a replacement - whatever work, (craigslist is free and tons of folks look there), and say, here ya go, these guys want the unit.

People usually are humane - sometimes an agency they are not, but then again, most times the owner will lose in court if you have made advise them of your problem, and have made efforts to help them re-rent your unit.

2006-08-03 18:04:57 · answer #1 · answered by D 4 · 1 3

As a general rule, neither you nor your landlord may properly break the lease before the term ends unless the other party significantly violates the lease. This means that you can legally move out for a good cause--for example, if your landlord fails to make necessary repairs.

If you break the lease without good cause, you'll be responsible for the remainder of the rent due under the lease term. In most states, however, a landlord has a legal duty to try to find a new tenant as soon as possible--no matter what your reason for leaving--rather than charge you for the total remaining rent due under the lease.

2006-08-03 17:56:05 · answer #2 · answered by Anonymous · 0 0

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2016-07-18 19:43:29 · answer #3 · answered by ? 3 · 0 0

Do not break your lease if you do not have a good reason, not only are you going to loose your deposit but the landlord may come after you for a month worth of rent and etc….
If the place you have rented is inhabitable under circumstances you may break your lease however, the landlord may keep your deposit. If you take the landlord to a small claim court you may be able to get your deposit back but, talk to your attorney if you think you have a good reason before breaking your lease.

2006-08-03 18:12:28 · answer #4 · answered by ? 2 · 0 0

You can break leases, in most cases the reasons they can be broken are listed in the lease.

Also, you risk more than losing your deposit if you break it without good reason. You could end up paying the rent until the lease is up unless the landlord rerents it.

It will also affect your credit rating and future ability to get a lease.

And on top of the deposit and remaining rent, any damage done more than wear and tear could be your debt too.

2006-08-03 17:57:41 · answer #5 · answered by MrPurrfect 5 · 0 0

You will loose your deposit and more money if you move out and they are not able to lease your rental home by the time you leave..

The owner/landlord can charge you every day or every month until the house is leased again from a new tenant...

Contact your "Housing Department" of your county and find out the rules that abides the landlord and the tenant to be 100% sure if you are at risk...

2006-08-03 17:58:24 · answer #6 · answered by :-) 3 · 0 0

Whether you broke it by paying the remaining, or losing your deposite. The fact that you broke that lease will be on your credit. If you can help it then dont.
Otherwise if you have another person on the lease. Pretend you got into it and have them sign off. Then claim you can't do it yourself and that you will sue the person. When the lease is broken call the court date off or dont show. This way it doesnt hit your credit score and it's counted as a dispute. Then in a few months the case will be closed.

Noone will owe anything.

2006-08-03 17:57:33 · answer #7 · answered by Dr. An'zer U 3 · 0 0

Usually people lose the deposit and if your landlord wants can sue you for an additional month or for the rent until it is rented again. Go over the lease with a fine tooth comb.

2006-08-03 17:56:59 · answer #8 · answered by CJ 2 · 0 0

It depends on what it says in your lease. You might not only lose your deposit, but you may owe for the full 12 months even if you leave before then.

2006-08-03 17:56:07 · answer #9 · answered by Anonymous · 0 0

Yes. You can break the lease, but you definitely won't get the deposit back. Your credit report might suffer as well.

2006-08-03 17:56:36 · answer #10 · answered by Anonymous · 0 0

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