What If Your Lease on Your Apartment Is Still Due and You Decided to Move Out Early?

A lease is as much of a binding contract as an employment contract, a movie contract or a purchase contract. If you break it, expect ramifications. The remedies to this situation may be spelled out in the lease itself. If not, you will be responsible for paying rent through the lease term, with a couple possible exceptions.

Lease Penalties

Some leases include a penalty for leaving a unit before the lease is up. An example might be a fee equal to any leasing and advertising fees the landlord incurs plus one month's rent. So long as the requirement is not prohibited by a state or local law, this clause will be the landlord's remedy. He is permitted by law to keep your security deposit in order to satisfy the penalty.

Basic Rule

If the lease is silent on the issue of moving early, as many are, both you and the landlord have responsibilities. You are responsible for continuing to pay rent. The landlord is responsible for attempting to rent the unit at the same price you were paying. If he fails to find a tenant, you continue to be responsible through the lease term. The landlord may choose to lower the rent to get a tenant. If he finds one at a reduced rent, you are responsible for paying the difference until your lease ends. If the landlord finds a tenant who will pay at least the rent you paid, he is entitled to charge you any leasing fee and advertising costs.

Subletting

Most leases include some mention of subletting. Some leases prohibit subletting altogether. Some allow it with a landlord's advance approval. Some specify the conditions under which a sublet would be approved. If your lease allows subletting, use this provision to allow your own move. Follow the terms of the lease in the sublease.

Exceptions

There are a few exceptions to the basic rules about breaking your lease. If you are in the military, you can break a lease when called to active duty or when your unit is transferred. Some states have laws allowing identified groups to break a lease for a reason specified in the law. For instance, in New York, seniors can break a lease to move into a senior living facility or into a child's house if their health prevents them from living alone.

Negotiate

Even if the lease prohibits subletting, if you are on good terms with your landlord you might be able to negotiate a settlement rather than risk moving and having to pay for the entire lease term. Approach your landlord as soon as you know you will be moving. If there is a good reason, let him know what it is. He may be willing to let you off the hook. Or he may let you advertise and show the unit yourself to expedite the renting process. Maybe he wanted to remodel the unit over his upcoming vacation anyway and will come to terms with you on a defined fee. You'll never know unless you ask.

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