Canstar explores what happens if you break your lease early. The first step is to know if you have a fixed lease or periodic agreement. This makes it a lot easier — and cheaper — to move out.
All you have to do is give your landlord notice in writing of your intention to leave, and ensure rent is paid up to the termination date, which is the latest date you must return any keys to the landlord. The process is different for a fixed-term tenancy, which is explained in the next section. The situation is very different if your formal lease has yet to run its course.
If you feel you need to end your fixed-term tenancy early, some options could include assigning your tenancy to someone else, or subletting the property as explained below. It could mean valuable savings on the costs you could face. According to Tenancy Services NZ , fixed-term tenancies can only be changed if a landlord and all their tenants agree.
Both the landlord and tenants should keep a copy. The landlord may charge a fee for tenants ending a fixed-term early, but these fees should only be their actual and reasonable costs. For example, the cost to advertise for new tenants. Tenancy Services have a tool you can use to calculate how much notice you have to give depending on your renting situation. If you break your lease, you may be responsible for rent until the end of the lease or until the landlord finds a new tenant.
You may also have to pay other costs that the landlord can show they had to pay because you broke your lease. It is best to try to work out an agreement with your landlord. Get that agreement in writing and keep a copy for yourself. L aw H elp. Hide Visit. Text size: A A A. Search for resources and organizations in this language Advanced Search. If you rent a residential unit in Montana, this article with help you learn: What you need to do when you move out What legal reasons you might have to break your lease What happens if you break your lease agreement How you can sublease your unit.
What do I need to do before moving out? If you rent month-to-month, proper notice is usually 30 days before you move out. If you have a lease agreement for longer than a month, then 30 days before the end of the lease is usually proper notice.
If you want to keep your security deposit, it is a good idea to: Clean the unit Keep a copy of your condition report Give your landlord your new address. What if I want to break my lease? Many states allow renters to break leases without penalty when their units become uninhabitable due to circumstances beyond their control.
Many states allow domestic violence victims to break housing leases without penalty. Rules vary by state, but a current court-issued protective order is usually sufficient proof of victim status. The minimum notice period is generally 30 days, but you should never remain in an unsafe situation to avoid financial consequences that may never come. If a serious physical or mental health issue renders you, a dependent living with you, or a co-tenant unable to live independently in your rented housing, you may qualify for early lease termination without obligation to pay the entire balance of rent due.
Where permitted, health-related lease-breaking arrangements may be age-restricted. For example, in Nevada, the minimum age is 60 years. Permissible conditions vary but generally dovetail with conditions for which you may claim disability insurance benefits. To qualify as constructive eviction, the failure must be persistent and severe. Ignoring repeated, urgent notifications the heat or running water is out likely will. Enlisting a licensed building inspector to document the issue and verify the unit is unlivable can strengthen your case.
If you paid any rent after the problem became intolerable, you could sue the property owner to recover it. For example, in Minneapolis, the Volunteer Lawyers Network is an excellent resource for low-income renters and housing-insecure individuals.
If you believe the property owner has broken this covenant, you may be within your rights to move out without penalty. Again, documentation is your friend if and when a property owner takes you to small claims court.
Tenant-friendly housing leases may have expansive early termination clauses that allow tenants to break leases for reasons not protected by state or local law.
But even where permitted, state law may require sufficient advance notice known as proper notice. The proper notice period is often 30 to 60 days. First, if you believe your decision to break your lease is justified by state or local statute, document anything and everything that might support your claim. Keep records of:. In most states, rental property owners must make reasonable efforts to re-rent units vacated before the lease expires.
I broke my lease in a duty-to-mitigate state, and it was immediately apparent the property owner understood his obligations under the law. In any case, the ease with which he re-rented the unit no doubt played into his leniency. One of the easiest ways to resolve a broken lease is to sublet the unit for the remainder of your lease term.
You can advertise the place on free or cheap resources frequented by prospective renters in your area, such as Craigslist , Nextdoor , or Roommates. The ideal subtenant is someone you have a preexisting relationship with and have no hesitation vouching for. Transferees assume legal responsibility for rent due after the transfer date, absolving the prior tenant, which allows you to walk away from your lease early with no lingering obligation beyond any legally permissible fees for damage or uncleanliness you caused.
Confirm your lease is transferable before spending the time and effort to seek new tenants. In either case, be forthright. The longer your notice period, the lower the likelihood your unit will sit vacant after you depart. And my wife and I were fortunate to switch to a monthly lease shortly before purchasing our first home. At the end of our last month in that apartment, we were free and clear.
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