How to Break a Verbal Agreement After Renting an Apartment
When you rent an apartment, you can either sign a written lease or agree to a verbal lease, also known as an oral lease. A written lease spells out the terms of your tenancy more clearly and can serve as proof of the agreement in court. A verbal lease results in a loose arrangement, which is beneficial if you suddenly have to move out earlier than expected. You can break this lease more easily than if you had signed a written lease.
Instructions
- 1
Write a notice to your landlord stating your intent to move out of the apartment by a certain date. Sign and date the notice.
2Deliver the notice to your landlord in person or by certified mail at least 30 days before your next rent becomes due. If the verbal agreement between you and the landlord does not specify a lease term, then you have a month-to-month lease that you can terminate at any time with 30 days notice. In some states, such as Tennessee, a verbal rental agreement always establishes a month-to-month tenancy.
3Consult a lawyer if your landlord insists that your verbal agreement creates a fixed-term lease. In some states, such as Illinois, an oral rental agreement could establish a fixed-term lease. However, the landlord may not be able to sufficiently prove this in court. For example, you and your landlord may have understand the terms of the agreement differently.
4Negotiate with the landlord if your legal adviser believes the landlord could enforce the lease term. You may be able to persuade your landlord to terminate your tenancy if you pay a fee or find another tenant to replace you.
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