Can I Break My Lease If I Haven't Started It?
Renters typically sign leases several days or weeks before actually moving into their apartments. By signing your name, you agree to rent the place and make the rental payment. Changing your mind after signing the agreement can present challenges; and even if you haven't moved in, the landlord may hold you to the lease agreement.
Check the Lease for Termination Clauses
Each landlord is different, and getting out of the lease before moving in may require finding a clause in the agreement that allows you to cancel the contract without penalty. For example, the landlord may void the agreement if you cancel within a few business days, or he may let you out of the lease if you have to relocate for work or you experience a personal hardship, such as the loss of employment, a divorce or a death in the family.
Explain Your Situation
When the lease doesn't feature an early termination clause or if you can't take advantage of such a clause, speak with your landlord immediately. The sooner you speak with the landlord and explain the situation, the better the chances of having the lease voided. Approach your landlord with justifiable reasons. Perhaps you realized that you couldn't afford the rent payment, or maybe your roommate backed out of the arrangement. Be respectful and open to suggestions to get out of the lease. Agree to pay one month's rent until the landlord gets a new tenant, or forgo your security deposit.
Sublease the Unit
Landlords can legally hold you to the lease agreement regardless of whether you moved in and started the lease. When landlords are unwilling to negotiate a solution, get creative and find someone to sublease the apartment for one year. Advertise for a subtenant and create a sublease agreement detailing the lease term, rent payment and due date. The subtenant moves in and makes the rent payment, and you avoid a legal battle with your landlord.
Results of a Broken Lease
Avoiding legal battles with your landlord is crucial. Because you signed the lease agreement, the court can rule in the landlord's favor and conclude that you breached the contract. This can trigger a civil judgment on your credit report, and the court may order you to satisfy the remaining lease balance, which will be a huge financial obligation.
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