How do you break an apartment lease?

Question

Our lease is up January 31, 2008. We are expecting a baby & slowly moving stuff out of our apartment into our mother-in-law's house (where we'll be living with the baby). If we finish moving early & are in our new place, we were wondering if the lease could be broken early or are we stuck paying rent on an empty apartment?

Answer 1

Talk to your Apartment Manager. I'm in the buissness. I don't know what state your in or if you live in a tax credit property but, if it's a conventional property all you have to do is talk to your manager explain the situation. She will probably charge you a reletting fee and one months rent... (reletting fee? 85% of one months rent) of course you may have to forfit the deposit but as long as it does not go on your credit it's worth it.

Answer 2

If you break a lease you are responsible for the remainder of the lease or until the landlord places a new tenant whichever comes first. The LL had an obligation to make an ordinary effort to place a new tenant to minimize your losses. Most courts have held that 2 months is sufficient time to place a tenant though local conditions can sway that either way.

Check your lease, though, as it may have the termination penalty spelled out in it. If so, that's generally what you are liable for. (Some leases will say that you are liable for the entire lease. That is not true -- see the above paragraph.)

Ask your landlord what he or she is willing to do. Most will settle for one or two months worth of rent and will release you from the remainder of the lease.

Answer 3

Speak to your landlord and before you do read your lease. Generally, the LL will try to work with you but remember it will cost him money to find another tenant. Often a month's rent and forfeiture of the security deposit will satisfy the LL if you have kept the apartment in good condition.