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.
Showing posts with label Lease. Show all posts
Showing posts with label Lease. Show all posts
Wednesday, August 06, 2008
Wednesday, June 27, 2007
Military Lease Clause
The Military Clause
With a normal lease, your landlord is under no obligation to let you break your lease just because you have received new orders. When you enter into a lease agreement, be sure your lease has a military clause in it.
Your local base housing office should be able to provide you a form containing the clause or even a form contract you may be able to provide to your landlord. Many housing offices work local landlords.
Several states have laws which allow military members to break their leases in the event they must move due to military orders. In those states which do not have such laws, it is important that the active duty member ensure his/her lease contains a "military clause," (see example at end of article) which allows the member to terminate the lease in the event he/she must move due to military orders. Most bases require service members to have leases approved by the local military housing office. One of the reasons for this is to ensure that the lease contains an acceptable "military clause."
Read the rest of this article
With a normal lease, your landlord is under no obligation to let you break your lease just because you have received new orders. When you enter into a lease agreement, be sure your lease has a military clause in it.
Your local base housing office should be able to provide you a form containing the clause or even a form contract you may be able to provide to your landlord. Many housing offices work local landlords.
Several states have laws which allow military members to break their leases in the event they must move due to military orders. In those states which do not have such laws, it is important that the active duty member ensure his/her lease contains a "military clause," (see example at end of article) which allows the member to terminate the lease in the event he/she must move due to military orders. Most bases require service members to have leases approved by the local military housing office. One of the reasons for this is to ensure that the lease contains an acceptable "military clause."
Read the rest of this article
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