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Do's and Don'ts of Breaking a Lease
Suppose you signed a boilerplate lease with no early-release clause, and you've been in your new place for three months. Suddenly you have a job offer you can't refuse, but it's in Boston and you're in Houston; or you take a sudden, fatal hit on your income and can't afford your monthly rent; or your apartment turns out to have mildew problems and your rental property owner has ignored your health complaints. Here are some do's and don'ts to help you make the best of things when you're running on empty.
Do...
Be straight-up. If your reason for wanting to move might be fixed with a putty knife or an honest conversation, make an appointment to talk with your rental property owner. Don't be shy; this is your apartment.
Treat your rental property owner or apartment manager with respect. Let her know as soon as possible that you might have to break your apartment lease agreement, so that you can discuss the possibilities and she can get started on finding a replacement to rent your apartment. In most states, by the way, rental property owners are required by law to make an earnest effort to fill vacancies, even if a apartment resident breaks an apartment lease agreement.
Ask your rental property owner if she is amenable to a new leaseholder or sublessee taking over the remainder of your apartment lease. (The new apartment resident would be subject to her approval, of course.) If this was disallowed in the original lease agreement and she agrees to an amendment, be sure to put it in writing, with both of your signatures, and don't walk away without a copy. A cautionary note: If you sublet, as the primary leaseholder you will still be responsible for future rent payments, rental property damage, and the like if the sublessee defaults on payments. If a new apartment resident becomes the leaseholder, you're out of the picture. While that might make you happier, either option is preferable to being unprotected.
Show your rental property owner or apartment manager that you care. Offer to locate a new sublessee or leaseholder yourself. Contact friends, family, and coworkers for leads, and be willing to place—and pay for—ads.
Be first to bring up compensations for your rental property owner or apartment manager for the trouble your situation presents to her, using the early-release clause guidelines as a starting point.
Don't....
Take off without notice. Think of every rental experience as being married to your credit report. If you skip out, not only do you lose the chance to build up your credit, but it can also create a deep, dark gouge in your credit report, affecting your future ability to qualify for a credit card or buy a house or car.
"Pretend" you're still an apartment resident. Your rental property owner deserves to expect that his rental property is occupied, and it's almost certain that your apartment lease agreement states that as a condition. Believe it or not, it's not all about money: If you vacate your apartment, the law is rarely on your side, even if you're religious about sending payments to your property owner or apartment manager. You can be held in default, and your rental property owner or apartment manager may have legal claim to your belongings.
Be defensive about negotiations. The point here is to accomplish three things: 1) move; 2) maintain a good rental property owner-apartment resident relationship; and 3) avoid blemishing your credit history.
Disputes and Other Worst-Case Scenarios
If your efforts to negotiate go bust, what's the worst that could happen? You could end up being forced to stay or forced to pay, depending on the wording of your lease agreement. If you vacate without an early-release clause, in addition to continuing responsibility for monthly rent you might have to pay for your rental property owner's advertising, cleaning, and other costs.
When an apartment resident breaks a lease, the law is almost invariably on the rental property owner's side, so you can be fairly sure that pursuing a solution in small claims court would add to your debt rather than come to your aid. If you've tried negotiating and your rental property owner still won't give an inch, your final option may be to contact a mediator. Mediators are usually publicly funded and available free or at low cost. To find out whether one is available in your area, contact the office of your mayor or city manager and ask to talk with someone about housing disputes or rental property owner-apartment resident mediation.
If your dispute stems from your rental property owner or apartment manager not abiding by the lease terms—say, by not fixing a leaky ceiling or ignoring an environmental hazard—again, try first to iron it out with a discussion. If this ends in a standoff, for health-related issues contact your local Health Department. They'll do an inspection and, if necessary, pursue action against the rental property owner themselves, without your having to get involved or break your apartment lease agreement.
From stress to success
Moving is stressful even under the best of circumstances. That you might have to break a legal contract in order to do so adds an extra financial and emotional dimension for both you and your rental property owner. With this in mind, address your rental property owner or apartment manager with respect and a willingness to compromise. You might BOTH even get what you want.
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