I am 1 year into a 3 year residential lease. I want to break the lease. What is the best way out?

Question

A few extra details....
We want to break the lease because we want to buy a house. Our landlord has not been the cooperative type thus far.

Answer 1

You'd have to check your lease, but most leases provide a clause where you can leave if you find another tenant and that tenant is approved by the landlord. You could also look for reasons to break the lease such as something broken the landlord hasn't fixed, or vermin the landlord is responsible for (most landlords have to spray for bugs once a month for instance)

Answer 2

I am always amazed that renters think leases can be broken for just about any reason. A contractual lease is a legal and binding agreement which has obligations to both parties involved.

Since your landlord has apparently done nothing to violate HIS end of the lease agreement, you are expected to perform YOUR end of the agreement.

Your options are to discuss this with the landlord, offering to pay rents until he finds a replacement tenant, as well as covering his additional expenses incurred in finding another tenant.

Your landlord is in the driver's seat here. You are advised to try to work this out in a very cooperative manner. It may cost you to break the lease in this fashion, but it is far better than absconding and having the landlord take you to court for the balance of the lease agreement.

Answer 3

Why does no one ever think to talk to the landlord first? Perhaps he will cut a deal with you depending upon why you need to leave. A lease is a contract and you have legal obligations under it. You don't give enough information here for someone to accurately inform you of the process, but I would suggest you contact legal counsel in your area; perhaps legal aid, if you can't afford a private attorney, and see what your options are. It's not that easy to "break" a lease without cause. However, if you have a justifiable reason (notice I didn't say legal), and your landlord is an understanding type, he may work a deal with you where you are not financially responsible for remaining two years under lease.

Answer 4

You should definately check with your landlord and read your lease. Most all leases have an early buy-out option. Talk with your landlord, explain the situation to them, and perhaps offer to help find them a replacement for the house you are in so they wouldn't be out of pocket any money.

I have been an apartment manager for 5+ years and I am always more apt to work with those that will come in and explain their situation. Those that offer to help me find a replacement are usually those that are the most sincere and really do need to get out of the lease for a reason, not just because.

The early buy out option I have in my contract is three months worth of rent at the maximum.

Check and see what your options are. Good Luck!

Answer 5

Read your lease very carefully and see what reasons will allow you to break the lease. Also find out what charges you can incur if you break the lease. And yes, once you know what you can and can't do, talk to the landlord and ask him if there is anyway you can move without causing damages to either of you. Then make your choice.