Can a Lease Be Broken Due to Hardships?
When you rent an apartment or home, you will typically have to sign a lease, which is a contract that requires you to remain a tenant for a predetermined amount of time. However, an unexpected hardship can sometimes make it impossible for you to make your payments or remain in the home. Depending on your location and the nature of the hardship, you may or may not be able to break your lease.
Tenant Law
The laws governing tenants and property owners differ by state. When a tenant breaks a lease, the law typically protects the interests of the property owner, unless the property owner has failed to comply with the terms of the contract. A tenant who illegally breaks a lease may be subject to fees, credit problems and legal action. However, most states require that the property owner make a sufficient effort to find a replacement renter before taking legal action against a previous tenant.
Penalties and Fees
Many leases have provisions for early termination. Most require the tenant to pay a fee to terminate the contract, but this fee is usually less than the total rent remaining on the lease. However, other contracts do not allow tenants to break the lease without paying all of the remaining rent. In cases where the lease requires the tenant to occupy the residence as well as pay rent, tenants cannot legally live elsewhere even if they continue to make payments.
Medical Hardship
In some states, tenants can break a lease without penalty if they develop a severe medical condition. The law may release a tenant from the obligations of the contract if the medical condition causes serious physical disability or financial hardship. In this case, the tenant will need to show proof of the condition, as well as evidence that the condition will make it impossible for the lease to continue.
Working With the Property Owner
Even though the law may not allow you to break your lease without penalty, many property owners are willing to work with a good tenant. If you are experiencing financial or medical difficulties, the property owner may lower your rent, agree to accept payments later or even release you from the contract altogether. In some cases, property owners will be more flexible if you give plenty of notice and offer to help find a replacement tenant for the property.
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