How to Break a Lease Legally: A Tenant’s Guide to Ending a Rental Agreement Early

The Basics of Breaking a Lease

Breaking a lease is often a challenging and complex process. With that in mind, understanding the basics of breaking a lease for a smooth transition is vital for tenants and landlords. As mentioned, a lease agreement is a legally binding document between the tenant and the property management company or landlord. When renters decide to break the lease before it expires, there are several factors to consider, such as the rental obligations, lease terms, termination fees, and reasons for termination.

The Reasons Tenants Break Lease Agreements

Tenants can break their leases for various reasons. Whether it is for professional or personal reasons, landlords and property managers might be legally bound to release tenants without damages if they follow protocol. In other cases, it is more practical to have compassion and work with the tenant to find a solution.

Military Deployment

According to the Servicemembers Civil Act, those serving in the National Guard, armed forces, the U.S. Public Health Service, and the National Oceanic and Atmospheric Administration (NOAA) have the right to break their leases to start active duty. However, tenants must give a 30-day notice, which is effective 30 days after the following rental payment is due. If you are awaiting military deployment, consult a legal professional or property manager to familiarize yourself with local and state laws.

Domestic Violence

In some states, the survivors of domestic violence, stalking, sexual assault, or unlawful harassment are entitled to terminate lease agreements and move for safety. If a tenant wishes to break a lease agreement because of these reasons, consult the state laws to see what your obligations are. Even if your state does not protect victims, it is not advisable to force a victim of domestic violence to stay in an unsafe situation.

Job Loss

When a good tenant loses their job or the means to make money, it only makes sense to have compassion. The last thing a landlord or property management company want is to have tenants who can barely pay rent, even if they pass the screening criteria. By allowing them to break the lease, it saves you time, money, and stress associated with evictions or debt collection. If a tenant discloses their financial situation, working with them to find a solution is beneficial to both parties in the long run.

Divorce or Illness

Similar to losing a job, divorce or serious illness can affect your tenant’s finances significantly. Even if landlords and property managers are not legally obligated to release tenants from their lease agreements, giving them an out during these extenuating circumstances goes a long way to make tough situations bearable.

The best way to break lease agreements with your tenants starts with effective communication and proper documentation of all interactions. It is also advisable to ensure proper inspection and deposit refund procedures to facilitate a seamless lease termination process. Contact us at 3 Options Realty and schedule a consultation with our experts to ensure smooth rental property ownership.