How to Break a Lease

Your apartment at “Buena Vista Village” looks out on a junkyard, is infested with roaches, your next-door neighbors are running a meth lab, your upstairs neighbor is a professional tap-dancer, your carpeting still smells like the urine of the previous tenant’s cats (which she definitely wasn’t allowed to have), your car has been broken into three times in the past month, and there are bullet holes in one wall of the complex that haven’t been covered up in the whole time you’ve been there.
With a living situation like that, you really want to break your lease now, and you now wonder why you ever signed it in the first place. Or maybe your apartment isn’t all that bad, but you recently got transferred to a different state for your job, and you’ve got to get out of Dodge right away in order to keep up your obligations with your company. Whatever your reason, you want to break your lease—even though you may have only a vague idea of what the terms of the lease actually were. In order to get out of your lease in the least painful way possible, you’ll probably need to do a lot of research and documentation and even more persuading. This article will help you with both.
First and foremost, you need to get some legal advice tailored to your individual situation and lease contract. If you don’t have or can’t afford your own lawyer, get in touch with your local legal aid office and contact tenants’ rights organizations. Attorneys can be expensive, but being sued by your landlord for breaking your lease could be much more costly. If you don’t want to pay the rest of the rent that you’ve committed to shell out by signing the lease, you’d better get some sound advice so you don’t end up paying more than you had to in assorted late fees or other conditions stated in obscure parts of your lease. Tenants’ rights organizations are experienced in representing tenants who want to break their lease, and they’ve likely seen almost every situation imaginable—as well as a good number of pretty unimaginable situations.
The legal aid you acquire may tell you there’s not much to be done. You entered into a legal agreement of your own accord, after all, and you knew—or should have taken pains to investigate—the physical condition of the apartment and grounds and the nature of the available amenities before signing the lease. For this reason, claims about noise problems or facilities shortcomings are generally unlikely to work well unless you can thoroughly document the existence and severity of the problems, your attempts to have them resolved, and your landlord’s failure to do so. The vague complaint of “too much noise” is probably useless; you knew (or should have known) the noise level of the apartment complex when you moved in. For example, why move in to a rowdy complex that caters to hard-partying college students if you start work at 5 in the morning? Your landlord is only responsible for providing basic amenities and ensuring your “reasonable enjoyment” of your rental unit. The definition of reasonable varies wildly from person to person, and even if your demands seem reasonable to you, they might not seem so to your landlord—or to a judge in court.
1. Find an easy out
Once you line up some legal resources, investigate the terms your lease to see if there’s any clause that provides you with an opportunity to break lease early. Perhaps you can get out by giving two months’ notice or by finding someone else to rent the place in your stead. These are viable options that you should carefully consider. If your lease itself doesn’t point to any easy outs, the best approach is probably to find something wrong with the apartment that’s impeding your own personal well-being and hasn’t been fixed by your landlord despite repeated and well-documented requests. You’ll need significant documentation of such an issue, of course, so don’t just claim the chipped paint is chipping away at your psyche and head out the door. You might feel saner in another apartment, but you’ll still be paying rent for your old one. Requirements vary by state, but in many situations you’ll need to prove that you repeatedly notified the owner of the apartment (not necessarily the management—be sure you know who to get in touch with) via certified mail with return receipt requested and provided ample time for him or her to fix the situation cited. For this reason, repair issues may not be the best way to get out of your lease fast—you may just end up successfully getting the repairs done instead of successfully getting out of your apartment.
2. Find something wrong
Likewise, if particular amenities were promised to you upon move-in but have never surfaced (or do not work), their absence is only a factor if you can document your landlord’s claims to provide. Your landlord is legally obligated to provide only what’s in the lease; unless the lease promised specific amenities, you’re not likely to get far by complaining about the absence of such features. Landlords are allowed to change their minds; tenants, sadly, are not (not about keeping the lease, at least). Even if you were promised a swimming pool by next summer and they haven’t cleared the ground for one by mid-June, the lack of the pool is only significant if you can prove its presence was guaranteed in a legally binding way. Don’t expect casual conversations to hold up in court—focus instead on obtaining and understanding written agreements from the beginning, rather than after the fact.
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