How to Break a Lease With a Broker's Fee
Breaking a lease means that either the owner or the tenant has violated one or more terms of the lease agreement. Violations may include not paying rent, failure to maintain the property or getting a pet when the lease prohibits one. As a tenant, breaking a lease without incurring penalties or being responsible for the lease through its entirety requires having proof of the owner or broker first violating the terms of the agreement. If broker's fees, which are commissions paid to a list rental broker, are involved, you will need to address those according to the contract terms.
Instructions
- 1
Read through your lease agreement and any broker commission or fee agreement you signed. These may be part of the same document or two separate ones.
2Find any and all clauses where the landlord violated the terms of the lease or the broker misrepresented the property.
3Gather all written notices made to both the landlord and the broker. Verbal notices have no standing when it comes to lease agreements, so make sure you have documented all attempts to notify the landlord of issues, given him the opportunity to correct it and any response from him. Take any pictures of the situation if problems are visible.
4Write a letter, addressing it to both the landlord and the broker, stating that you are terminating the lease based on violations of the agreement made on the owner's side, whether by him or the broker. Provide the proper notice for termination, most likely 30 days, and request a refund of all deposit funds.
5Leave amicably if possible. Should the landlord or broker demand further financial payments or refuse to return your security deposit, seek legal consultation or file a small claims court case. You also can report the broker to state real estate commissions if the broker made representations about fixes and repairs that never occurred.
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