Move before lease is over ? Help! ?

I’m about 4 months into my 12 month lease. This is my first apartment. I’m in school right now as well and I’ve had some issues balancing school and work. So unfortunately I haven’t been able to work as much as I need to to pay my rent and all of my bills. I am wondering how I would go about leaving my lease early and paying the least amount. I’ve been told that breaking a lease is a costly thing. Is there always a fee associated with breaking a lease ? If I was to just move and evacuate the apartment before the next months rent is due would that show up as an eviction ? 

14 Answers

Relevance
  • 3 weeks ago

    Sure, you can move out. But whether or not you live there you will owe rent until the landlord is able to get a new tenant moved in.

  • 4 weeks ago

    READ your lease. IF it allows for early termination, the penalty is usually 2 months' rent, but that can vary. If there is no early termination clause, you are bound by the terms and conditions of the lease. If you abandon the place, you will be sued for eviction and court costs, penalties, rent through the end of your lease, interest, possibly attorney's fees too. The landlord cannot re-rent the place without evicting you because it is rented to you, whether you are living there or not. Stupid though to just abandon the place. Costly and with an eviction on your record, no landlord will rent to you again. Don't think that the landlord can't find you to serve you and collect what he is owed. There's public service - you'd have to pay for that too and he will find you. The only way to hide from him is to hide from everywhere. You'll be running the rest of your life because he would get a judgment against you.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
    • Nuff Sed
      Lv 7
      3 weeks agoReport

      Some states deem a rental abandoned by a tenant to be "terminated" (e.g., after 21 days), avoiding the need for any sort of court "eviction" for a person who is no longer actually there.

  • Judy
    Lv 7
    4 weeks ago

    Does your lease detail the terms for breaking it? If not, talk to your landlord. They might charge you a month or two or 3 months rent, might charge to the end of the lease. If you just move out, they'll take you to court, and they'll win.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      They cannot "take you to court" unless there is an actual dispute. Your former landlord would send you an invoice for unpaid rent and other fees or damages, which you would then pay. Only if you refuse to pay would they "take you to court".

  • 4 weeks ago

    maybe drop out of college since you can't even read a lease. your lease should specify lease break fees.....

    laws vary, in some states, landlords are required to try to find a new tenant and you only have to pay a couple months penalty, but in other, you still have to pay for the entire year.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      A lease is a contract. Anyone suing for breach of contract has a legal obligation not to escalate damage after learning of the breach. Mitigation has been part of the common law of contracts for hundreds of years, but not necessarily in the civil law countries.

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • 4 weeks ago

    Read your lease. There may be a clause that explains how you can leave early. If not you are on the hook for the rent until the end of the lease or until the property can be re-rented, which ever comes first regardless of whether you are living there or not. Thus it is in your best interest to find a replacement tenant for your landlord, just understand that they must meet your landlord's approval to exist as a replacement.

    But the bottom line is that if there is no cancellation clause in your lease the best idea is to talk to your landlord about your problem to see what can be worked out between you. If you can work out an agreement, make sure to get it in writing signed and dated by both of you.

  • Maxi
    Lv 7
    4 weeks ago

    You need to read your contract and see if there is an early termnation clause, if not speak to your landlord. you and the landlord signed a legal contract so if you leave you are in breach of that contract, if you fail to pay your rent again you are in breach of that legal contract and the landlord will take legal action agaiinst you.... and it will cost you far more than asking and maybe getting an agreement of early termination costs as you will get a CCJ against you, have to pay what you owe as well as legal costs and wrecking your credit record...

  • 4 weeks ago

    when I was renting when I was young in my rent agreement stood i could break lease any time but inform one month in advance. my rent was always due on 4 of every month, so one month before 4 of a previous month. u should either read your rent agreement or contact your landlord and ask. do not listen to some urban legends that breaking a lease is costly. for a landlord it is better that u break the lease if u can not pay it than suing u and then getting nothing anyway because even if they sue u and u will owe them back rent but u have nothing of value what can they do? nothing. u can not squeeze milk from a stone. so contact your landlord and tell what u wrote there - u either break the lease or u re not paying. see what he\she will say

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      You can certainly be sued, even if you currently have no assets worth seizing, and a judgment may be applied to your income for the next ten or twenty years.

  • 4 weeks ago

    Read your lease. See if it's got a break clause, or early exit option.

    If not - you're bound by it for the duration. You can speak to your landlord about leaving early; they may allow you to, but there will DEFINITELY be a cost (they have to go through the expensive of re-letting). They may only let you out if/when they find a replacement tenant; which may not be quick.

    You can't just leave - they'll take you to court, and you'll owe the rent plus legal costs etc.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      You can leave any time you want. It's a contract, not a prison sentence. Whether you owe the landlord contract damages (rent, repairs, fees, collections, etc) is up to them. If you pay the invoice for "damages", they won't take you to court.

  • 4 weeks ago

    Talk to the landlord. If you are not going to make the rent, then you can at least do him or her the courtesy of informing them asap.

    Bailing without communication is a sure fire way to annoy everyone, and make eviction more likely.

  • audrey
    Lv 7
    4 weeks ago

    Unless you have a really nice landlord, he can sue you for all the rent due for the rest of the lease. It will go on your record and finding another place will be almost impossible.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      Your landlord cannot legally "sue you" until you refuse to pay what they claim you owe.

Still have questions? Get answers by asking now.