How do I get out of a lease legally?

Question

When I signed a year lease, my landlord knew we were looking to purchase a home. He said as long as we gave 30 days notice, he would not hold us to our lease. I don't dare put in an offer on a house, until my legal obligation is removed from signing the year lease. Is having my landlord sign the lease stating our obligations to the lease are null in void enough, or does he still have the right to pursue legal action if once we move out he changes his mind?

Answer 1

In all things regarding contractual obligations, get the terms in writing.

You may negotiate out or offer to do an early buy-out of the lease.

In Tennessee, if you leave early you are legally obligated to pay for the time the unit remains vacant to the end of the lease term. The Lessor has the obligation to try and re-lease the unit, failing to exert the effort they also may fail to collect.

Check w/an attorney in your state for the laws that will govern your circumstances. They will vary state to state.

Answer 2

Just ask him to sign a statement that he will allow you to break the lease with 30 days notice if you purchase a home. It would be reasonable for you to be required to provide a copy of the HUD-1 statement as proof of purchase.

If he "forgets" that he said this, your obligation is effectively 2 months rent for breaking a lease in most jurisdictions. When you break a lease the landlord does have an obligation to make a reasonable effort to re-let the premises. Most courts hold 2 months to be a reasonable time to locate and place a tenant.

Answer 3

If the 30 day notice provision isn't in writing and part of the lease document then it doesn't exist. It's black letter law that an oral provision to a written contract carries absolutely no weight. Have the provision included as part of the lease document that you both sign.

Given that you've signed a lease already you can execute a new lease with the 30 day provision. It will replace your existing lease.

As to your final question, the landlord absolutely has the right to pursue legal action in civil court if he changes his mind.

Answer 4

You can answer that easily. If it is not in writing its no fault of your or theirs. Word of mouth doesn't work anymore in court. Its what you can prove and if it is in writing you got a leg to stand on.

Anything in a lease that stipulates 30 day notice is as such. Any willful termination of a lease shall be biased by acceptable excuses, such relocation of a job, sickness and health,...etc what ever is stipulated as reasonable acceptance to break a leas should be in writing, and if it is not than you shall look to liabilities on the landlord to bring upon a reason not stipulated in the lease to break it that would be accepted by the courts as liable reason.

For instance if you sign a lease at an apartment complex for one year and two months later your water heater goes dead. You call the apartment manager and explain, but nothing is done after three days your sick of cold showers. So you write down your complaint about the broken heater and submit it and one week later it is fixed. Y}ou now have a liable reason to break the lease that will stand up in court and you will win. TYhe Manager failed to fix the problerm in reasonable time even after being notifed which constitues they never lived up to the lease even though it was fixed 8 days later.
The Management is in violation of their own lease.

Answer 5

Firstly, read your lease. If it isn't in writing, it's your word against his if he changes his mind.

Secondly, you are correct if he updates the lease stating you are permitted to terminate the lease with 30 days' written notice, then that is also a contract (should also be witnessed & signed). If you are planning to leave and he does not sign anything to that effect, then it's a pretty good sign that you are on shaky grounds. If he signs it, you're home free.

Good luck!

Answer 6

he can not change his mind,after 1 year give him 30 day notice,most of the time you sign a lease for 1 year the it goes month to month,,,Buffalo New York,

Answer 7

well if you had signed an agreement when you moved in that would be #1. But if not if you can find things improper with where you reside you gave give him an s10 notice that's what it's called in AZ and give them a five day to repair or your going to vacait notice and you can get out of your lease.

Answer 8

1. A lease is a two way street. You have obligations and so does he. If you can somehow prove he is not living up to his obligations you can walk.
2. If he takes you to court it will be at his expense, so is it worth it to spend $5000 to collect $5000?
3. If he wins in court, all he will get is a judgement saying you owe him money. How will he collect it? lol there is a way around everything.

Answer 9

This is a legal question that really should be answered properly by legal counsel in your state not by Yahoos that could potentially lead you to rely on the information provided and cause substantial damage to you. Before you make a decision you should seek legal counsel. If you need assistance in getting legal help you go here: American Bar Association: http://www.abanet.org/about/ or http://www.abanet.org/statelocal/home.html

Answer 10

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