Legal Actions for Breaking a Rental Lease
Your breaking of a lease agreement can result in legal action from landlord. Signing a rental lease indicates your compliance with the terms of the lease, in which you agree to live in the apartment for a specific number of months and pay a specific monthly rent. Breaking a lease is a breach of contract, and some lenders will take legal action.
Collection Attempts
Once you sign a rental lease agreement, your landlord anticipates a certain amount of income each month. Breaking an agreement and stopping rental payments can put your landlord in a financial bind; legally, he has the right to pursue collection attempts. Landlords may contact you directly to recover rent payments, or they may turn over your account to a collection agency.
Filing a Lawsuit
If a past tenant disregards collection attempts by a landlord or collection agency, the landlord may pursue the debt further and file a lawsuit against the tenant. The tenant and landlord both go before a judge to plead their cases. If a tenant cannot provide evidence of wrongdoing on the landlord's part, a judge is likely to agree with the landlord, especially if he presents the signed rental agreement as evidence.
Credit Damage
Because breaking a lease is breach of contract, judges can order tenants to pay the full remaining lease balance or place a judgment against a tenant who is unable to pay the amount. This can create a huge financial burden for past tenants, especially if they owe several months of back rent payments. Judgments reduce FICO scores; with a breach of contract on a tenant's credit, getting a new rental or qualifying for a home loan can prove challenging.
Avoiding Legal Action
Speaking and negotiating with landlords before walking away from a lease can help avert collection attempts, lawsuits and credit judgments. Not every landlord is understanding and willing to allow an early release. If you have a good rental history and can provide sound reason for breaking the lease, the landlord may grant an early release without penalty or at least negotiate a solution, such as allowing you to break the lease after finding a new tenant or accepting a lease buyout.
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