How to Part Peacefully with Your Landlord
If you’ve been thinking of buying a home, but the
prospect of breaking your apartment lease has you holding back, you might be
glad to know there are options available to you as a renter. A lease isn’t
always an iron-clad agreement with all the rights on the side of your landlord.
Of course, buying a home isn’t the only reason to break a lease. There are many
reasons to break a lease: Your job may have changed, you might find the rent
too steep, or you may have lost a loved one who used to share the space with
you. Here are a few things you can do to help extract yourself from the
situation:
1. Find the opt-out clause. You may not have read
your lease very carefully when you were excited to move in, and now is the time
to go back and pick it apart with a fine-toothed comb. Many leases will have
clauses which allow you to legally break your obligation to stay for the
full-term of the agreement. This might involve a fee of some kind, but can
often be worth the expense if the conditions are right.
2. Negotiate with your landlord. If you’re on good
terms with your landlord, come out and explain your situation honestly. The
landlord (or property management company) can elect to let you out of the
lease, even without an opt-out clause. See if you can do anything to “sweeten
the pot” for the landlord, such as finding a replacement renter, or propose a
sum to buy your way out. (Get anything you agree to with your landlord in
writing.)
3. See about subletting. Look at your lease
agreement and see what your rights are regarding subletting the apartment to
someone else. While some forbid the practice, others may create allowances for
subleasing your apartment to someone for the balance of the agreement. If the
agreement is unclear about subleasing, talk with your landlord about your plan
and get an agreement in writing.(Recognize you’re risking your security
deposit if the subletter doesn’t take care of the place.)
4. Go to mediation. If you can’t come to
common terms, consider enrolling the help of a mediator. Local housing
advocates and “renter’s rights” groups may be able to connect you with people
who can help.
This all assumes, of course, that you’re not
leaving because your landlord is a deadbeat. If you’re battling a landlord who
refuses to fix up the place or otherwise has been combative, you may have a
legal case to make to break your lease. The key is documentation. Document
everything with photo or video evidence, and keep meticulous records of your
complaints.
Shouldn’t your monthly payment be
paying you instead of a landlord?
Talk to me today about taking the first
steps towards home ownership:
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