Lease Termination - How to Break a Lease
How to break a lease isn't difficult, as long as you have a proper reason and follow the correct legal rules.
Getting Out of a Lease
To get out of a lease there are some things you need to understand. How to terminate a lease early, such as the number of days notice required and where to send a termination of lease letter, will be governed by the early termination terms in the lease contract. If you don't have a lease contract, or it doesn't address termination of tenancy, then the landlord and tenant laws of the state, which vary by state, will apply. Fortunately, you don't need to be a landlord tenant law expert, since US Legal Forms offers forms for lease cancellation that are state-specific, and you can find free law summaries on our site. Simply fill out the notice of termination and deliver it in the time frame specified.
Breaking a lease must be done for certain reasons to be legally enforceable. A tenant who doesn't end a lease properly can be held responsible for rent for the remainder of the lease term. A landlord who doesn't terminate the lease properly can also be forced to pay damages to the tenant. The following tips should be followed before ending a lease:
- A tenant must show the landlord's duties were breached, such as a failure to provide essential services like heat, electricity, or water. Conditions on the rental property that make it uninhabitable or unsafe can also justify a rental termination.
- It's best for a tenant to first give the landlord a written notice asking for the conditions to be repaired. If the landlord fails to remedy the problem in a reasonable time, the decision to end a lease agreement is more likely to be deemed justified, since the landlord failed to act after getting notice of the problem.
- A lease to lease rental property is most often terminated by a landlord due to failure to pay rent timely. However, damage beyond typical wear and tear, or tenant conduct that's considered a legal nuisance or criminal activity, are also often reasons to terminate a lease agreement. This may include domestic violence or drug use on the property. A violation of the rules in the lease agreement, such as unauthorized pets or guests, may be reasons to terminate a tenancy as well. The landlord must send a written notice of termination within the time period specified in the lease contract or under state law if there are no terms in the lease agreement for early termination.
If you're looking to end lease agreements early, we offer a vast selection of affordable. state-specific forms that have been professionally drafted and regularly updated to comply with the landlord and tenant law in your state.
Lease Termination FAQs
Can I break a lease early?
How to break a lease will depend on if the early lease termination is due to a violation of the lease, or if the lease contains terms allowing for early termination. For example, if a tenant has overdue rent payments or the landlord has violated building and safety codes and the rental unit is uninhabitable, landlord and tenant law or the lease terms may allow you to terminate the lease early. Otherwise, it may be possible to voluntarily create a termination of lease agreement form. The landlord will typically want some form of compensation for agreeing to terminate a lease early.
How do I get my security deposit back if I break a lease early?
When a landlord must return a security deposit will be governed by the terms of your commercial lease or state residential landlord and tenant law. An itemized statement of any deductions from the security deposit is usually required to be provided together with the lease termination and eviction notices, under state residential landlord tenant law. A required notice on state law explaining a tenant's right to a landlord's return of a security deposit may be included in a rental lease termination sample.
How can I cancel a lease early?
The state residential rental law will define tenants' rights, how to legally evict a tenant, and termination by tenant by using a termination of lease notice. To legally end a residential lease, a termination of lease letter must follow requirements of state landlord and tenant law. According to most jurisdictions, a 30 day notice must be given, but other jurisdictions' landlord tenant law may specify that a 7 day notice form, 14 day notice, or other lease agreement termination form to be used. Local law should be consulted for how to write a termination notice to cancel a lease. US Legal Forms offers a sample termination letter, lease termination template, or sample lease termination notice which is state-specific, and may be further customized in Word if desired to fit your needs.
How can I break a lease if the landlord didn't violate the lease?
Private negotiation may be used to convince the landlord to let you voluntarily end the lease early. When there is a lease termination agreement, an early lease termination agreement form may be created to break a lease. Such a lease termination agreement is enforceable under principles of contract law. Rental agreements may also contain terms dealing with early termination, so the lease terms need to be consulted on how to exercise this right. The lease may require a lease termination form letter to be delivered.
How can I evict a month-to-month tenant?
A landlord may choose eviction and lease termination of a month-to-month tenant without providing a reason. A lease termination letter must provide the notice required under state landlord and tenant law for a letter of lease termination, typically 30 days, unless a rental agreement in writing states otherwise. US Legal Forms has hundreds of state-specific landlord lease termination, lease termination sample, and lease termination letters professionally drafted in Word format.