How to Break a Multiple Tenant Apartment Lease

Tenants in a rental house or apartment are expected to follow the lease, including occupying the rental unit until the lease ends. Sometimes, however, tenants break the lease. Oftentimes, breaking a lease refers to moving before the end of the lease period. But it can also mean any violation of the terms of a lease. For example, tenants may fail to pay the rent or do something prohibited, such as getting a pet when pets aren't allowed, or fail to do something required by the lease like maintain heat in the house to prevent frozen pipes. Whether there are multiple tenants or a single tenant on the lease agreement, breaking the contract is possible but not recommended.

Instructions

    1

    Read the lease agreement carefully. Some leases contain the wording jointly and severally liable. This means that each tenant in a multiple tenant lease is responsible if one or more of the tenants break the lease. If each roommate has a separate lease, only the tenant who breaks the lease is liable.

    2

    Contact the landlord and give as much notice as possible prior to breaking the lease. The tenants should explain the situation and attempt to negotiate with the landlord. Ask the landlord to cancel the lease and get the agreement in writing. If the tenants are planning to leave the rental unit before the lease expires, the tenants owe the monthly rent until the lease expires. If the landlord promptly re-rents the unit, the former tenants are no longer responsible to pay the rent.

    3

    Talk with the landlord and discuss a sublet or assignment. Some landlords allow tenants to sublet the rental unit. The tenants rent the house or apartment to someone else. The tenants are still responsible to pay the rent and to maintain the house so it is important to sublet the unit to suitable new tenants. Another option is to find tenants to take over the lease. With an assignment, the lease ends and other tenants lease the house.

    4

    Read the state laws about rules for breaking leases. If tenants move before the end of the lease and fail to pay the remaining rent, the landlord may file a lawsuit. In court, the judge determines the rent and other payments due to the landlord from the tenants. If the tenants break the lease by violating the terms of the lease, the landlord often asks the tenants to repair the lease. For example, if pets arent allowed and the landlord finds tenants with a pet, the landlord gives the tenants notice to get rid of the pet. Unless the tenants negotiate the terms of the lease to allow pets, the landlord evicts the tenants.



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