Breaking Lease With Landlord Agreement
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FAQ
A lease termination clause usually allows a tenant to break a lease early in exchange for a penalty fee. The penalty fee is oftentimes the equivalent to one month's rent or two month's rent. The landlord may also require that tenants exercising this clause provide them with sufficient notice.
In North Carolina, the rental laws specify that if breaking the lease is justified, you only need to provide your landlord with a notice of your intent. Although when not justified, you may be liable for paying all the rent due for the remaining lease term.
When Breaking a Lease Agreement is Legally Justified in Virginia. Usually, if a tenant breaks the lease, they are still responsible for continuing to pay the due rent until it expires, regardless of whether they live in the property or not.
You could be responsible for rent until the end of the lease term or until the property is rented to someone else, whichever comes first. The landlord has a duty to try to re-rent the property once you have moved out, but that duty does not start until you have returned the keys to the landlord.
Lease may have rules about what a tenant must do to end early, e.g., 60 day advance written notice, pay rent for 60 day period and pay early termination penalty of two months' rent. However, this is not required.