Breaking a Lease Prior to Moving in
Qualifying for an apartment or house rental and signing a lease agreement obligates you to make the rent payments for the duration of the lease. But situations can arise that force you to terminate or break a lease before even moving in. This has serious consequences, but you may be able to avoid penalties in some circumstances.
Built-in Clauses
Read your lease agreement closely and check to see whether your landlord included a clause that lets you terminate the lease before moving in. Some state laws permit terminating a contract without penalty within three business days of signing your name. Not every lease agreement includes a termination clause, so check the agreement and perhaps ask for clarification. If your landlord allows you to terminate the lease, ask whether your security deposit will be returned.
Negotiating with the Landlord
Go to your new landlord immediately once you realize that you have to break the lease before moving in. The sooner you approach your landlord, the more likely he will be to allow an early termination. Be prepared to explain yourself and be respectful. The landlord may want to know why you are breaking the lease before moving in; whether you lost your job; or whether you can no longer afford the monthly payment. Signing a lease is a legal binding agreement, and your landlord can enforce the contract. Be open to negotiations and, if necessary, offer to make the rent payment until he finds a new lessee.
Subletting Option
If the landlord isn't willing to negotiate or allow you to break a lease before moving in, ask for permission to find someone to sublet or rent your apartment for a year or until the lease expires. Always write up a contract if subleasing your house or apartment. The contract should outline the monthly rent payment, due date and duration of the sublease. Ask for a security deposit in the event that this individual walks away from the lease early.
Consequences of Breaking a Lease
Finding a workable solution to breaking a lease is crucial to maintaining a good credit history and avoiding a lawsuit. Landlords depend on rental income and count on this income for the duration of a lease. They use several methods to recover lost income from non-payment of rent. They can hire a collection agency to pursue payments; update your credit report with a breach-of-contract notification; or sue you in court and have a judge place a judgment on your report.
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