This has been a crazy year for a lot of us and reconsidering your housing can even come into play. If you are a renter and are looking to downgrade your apartment, try these helpful hints if you try to break your lease...
Depending on the building owner, you can ask for an in-person chat. Then you can share your situation and how you would love to stay but that you're worried about your finances. By being honest about your situation, you are letting the owner know that you are looking out for their best interests (and yours) and allowing them the option of getting tenants that can afford the space. Plus the emotional angle may work and catch you a break.
If you think the owner may not go for a good faith break, ask them if they would let you sublet the apartment for the remainder of your lease. Then you are legally fulfilling your contract.
Always offer at least 60 days when chatting with your landlord. This a sign that you are considerate of their time because they now have to find a new tenant to fill your apartment. Some landlords may want 90 days.
These are just a few suggestions you can take when breaking your lease. And remember that there is no law that says that the tenant cannot break their lease. However, by law and by the lease contract, you may be financially obligated to the landlord for rent and other charges to re-rent.
Check out more renter posts from Apartment Therapy:
(Image from Laure's Constant Change House Tour)
Comments (13)
What if you've had a couple of incidents on the property? I've tripped and fallen twice in the same place on the pathway to my unit and a few weeks the glass shower door fell off the track and shattered into a million pieces. I'm thinking my apt is trying to tell me something....
@Bridget:
The first step in pursuing legal action is always giving written notice of the problem. "Legal action" sounds like suing, but also includes terminating your lease without penalty, or hiring someone to make repairs for you, deducting the costs from your next month's rent, and enclosing the receipt for that work.
Receiving a formal, typed letter with the day's date is a BIG signal to your landlord. A landlord will recognize this as the first step in your pursuing the problem aggressively within your rights.
Document everything. Take photos of the problem and of any injuries they caused. List the previous dates on which you contacted him about the problem.
If he doesn't not immediately fix the problem or give you a reasonable date by which it will be fixed, you should look for a tenants' rights organization in your city. They can tell you where to go from there (step two is probably sending a second letter after a set amount of days).
My biggest tip, though, is to describe the problem in your most eloquently formal language with as many legal and ten dollar terms as you can think of. For example, instead of saying:
"the front steps are uneven and I slipped when it was rainy",
say:
"the primary point of entrance and egress is encumbered by steps that are in bad repair and pose a physical risk, particularly in inclement weather."
It sounds so overly formal and goofy, but it also sounds like your attorney wrote it for you ;). I have struck fear in my goof of a landlord several times this year by sending him letters that are written just like that.
I don't understand this; can you please clarify?
By being honest about your financial hardships, you are letting the owner know that looking out for their best interest by getting tenants in there that can afford the space.
Plus the emotional angle may word.
I negotiate contracts for a living and the first thing I'd tell anyone would be to read the terms and conditions of your lease. If you don't understand it, find someone who does. You need to know what you're up against. Secondly, approach the situation as if you're asking for a favor - don't bring up everything wrong with the apartment or your lease. They might even care to negotiate with you if they feel it's in their best interest to get a new tenant in. Third, think outside of the box and consider their interests - offer to assist in finding a new tenant, to allow them to show your apartment to prospective tenants while you're still there, or to be out of the apartment a few days ahead of time so they can make repairs before a new tenant arrives.
That being said, realize that you may, in the long run, have to fork over your security deposit as well as any incentives you may have been given to sign the lease like one month's free rent, etc. However, if you keep cool and don't let emotions cloud the negotiation, you'll probably end up with a lot more than you thought you might get out of it.
I live in Chicago and have had awful experiences with the property's management company and great experiences with the Tenants Union. I've learned that management companies lie a lot. Talk to your local tenants union or a lawyer to find out your rights and your landlord's responsibilities.
Remember that a lease that includes things in violation of the law is not a valid lease. Where I live, I am continually surprised by how many LL's routinely advertise conditions that violate the landlord-tenant code. And there are literally thousands upon thousands of rentals that violate zoning laws. One call to planning, and your lease is broken.
I'd only opt for the nuclear option if your LL is a real piece of work. Unfortunately, mine is. Wanting to increase the rent just as furloughs and layoffs are really kicking in. Lucky for me he's as dumb as he is greedy.
What is with the prom dress spam?
@akay - you've got to be careful with the legalese and such. Although it may work to strike fear, it also may be what prompts your landlord to lawyer up, which can hamper real compromise. I would try to work things out before pulling out the big guns.
If you're trying to get out of a lease, try to get everything in writing, especially if you're dealing with a property management company, and not the owner directly. I've found that representatives will tell you whatever you want to hear to your face, and then deny it when it turns out they didn't have the authority to promise it. If they won't put something in writing, that's a big red flag, and don't rely on what they're telling you.
@Bridget - I realize I'm kind of contradicting myself here, but akay does have a really good point - document everything, and contact your landllord about the problems right away. Depending on your state, ignoring or living with a problem may waive some of your rights to have it fixed, or to get you out of a lease.
I'm a landlord. Number one way to break your lease is to find a suitable replacement tenant. That means, someone with excellent credit and respectful.
he knows about the 2nd fall b/c a neighbor called him when i fell and i took photos of the shattered glass and my bleeding cuts from my cell phone that morning. He replaced the shower door with a curtain and rod the next day but still 3 incidents and i've only lived there for 3 months. If there's one more i'll assume my apt is trying to kill me and move...
My landlords were a dream when I had to break my lease. Partially because I had been a good tenant, and partially because I hadn't been legally required to sign a lease at the beginning of the year, but did so anyway (in exchange for some amenities).
They were out of the country, and were going to be gone for at least a month past when I needed to move. I offered to help them find a new tenant...though a couple from one of their other units decided to upgrade into mine. The couple and I did the move-out/move-in inspection together, with photos, so the landlord could feel secure in the condition I left the place. And, I did a careful job of making sure the place looked better than when I moved in...spackled and painted anywhere the paint had chipped, re-caulked the tub, scrubbed the oven and stove top (and cleaned under the stove top...no one ever thinks to clean in there!). And it all worked out wonderfully!
If I had to leave my apartment, the first thing I would do is find a subletter. I don't expect any landlords around here to let me out of a lease otherwise.