Reasons a Tenant Can Break a Lease Agreement
- Landlord-tenant law varies widely from state to state. Before you attempt to break your contract early, be sure you know the exact letter of the law in your state and municipality. For example, in Rhode Island evictions require a five-day notice, while in Ohio, an eviction requires a three-day notice. Likewise, Rhode Island allows an elderly individual to break a lease if he or she is moving to an assisted living facility. Tennessee, on the other hand, has no such clause in its landlord-tenant code. Most states also allow you to break your lease if you are called to active military duty. In the best-case scenario, you should consult with an attorney who is familiar with the landlord-tenant law in your area.
- Before you begin negotiating with your landlord, it's imperative that you know your contract inside and out. In spite of any justification you may feel you have for breaking a lease, if there is a stipulation in your lease agreement that bars you from an early termination for whatever reason, then it is binding. Review your contract carefully to make sure that both you and your landlord have fulfilled all of your obligations.
- Look through your contract for promises that were made but were never delivered. Nearly every state protects your "quiet enjoyment" of the premises and a suitable "habitability." The definition of these terms varies by state, but if you are being harassed or the utilities (heat, water, gas) are defunct, then you likely have a case. Also look for any amenities offered in the advertisement or lease that never came to fruition. If, for example, you were offered free off-street parking, paid utilities, working laundry facilities and a 24/7 doorman and received none of them, you may be able to seek an early termination.
- A landlord's ailure to comply with the lease agreement does not immediately entitle you to abandon your lease. Be sure you follow the proper procedure (i.e. "remedies"). Most states require you to, at the very least, notify your landlord of your complaint in writing and give a certain amount of time for them to respond. You may also need to file complaints with municipal or county bureaus. Be sure to read up on your state's remedy requirements and document your efforts well.