Wednesday, August 06, 2008

Breaking the Lease Agreement

There are many different reasons why a tenant may have to break a lease.

These include job transfers, change in martial or family status, health issues or they either want to upsize or downsize for one reason or another.

There is NO law that says that the tenant cannot break their lease. HOWEVER, by law and by the lease contact, the tenant may be financially obligated to the landlord for rent and other charges to rerent.


READ YOUR LEASE BEFORE you sign it AND UNDERSTAND what you are signing. BEFORE you decide to move out and break the lease, READ YOUR LEASE and see what you may be responsible for.

TYPICALLY, once you notify the landlord you intend to move before your lease is due to expire, BOTH you and the landlord must make good faith efforts to find a new tenant. This is called mitigating damages (lessen the amount the tenant owes). The landlord must make an honest (good faith) attempt to rerent your unit using such things as a sign on the property, ads in local paper, contacting one or more real estate agents etc.

The Landlord should document everything they do in their attempt to rerent the unit - typically at the RENT THE CURRENT TENANT IS PAYING.

Read the complete article on BREAKING A LEASE on RentLaw.com - The National Landlord Tenant Guide.

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