Legal advice to terminate a lease early
While leases are legally binding contracts, there are ways to terminate a lease while avoiding financial penalties or getting sued by your landlord. LegalShield is here to help you exercise your renter rights.
Avoid financial penalties when breaking a lease
Renters have significant rights under state and federal law and in some cases have valid reasons to terminate a rental agreement early. For example, if your landlord has breached a lease term or failed to provide a safe living environment, you may have a right to withhold rent or terminate your lease without penalty.
Terminating a lease without following the rules can land you in court and cause negative financial impact. A personal plan from LegalShield allows you to speak with a lawyer about your specific situation, have them review your lease and provide valuable guidance based upon the laws in your state.
Your lawyer can even defend you in court should you be sued due to a lease termination dispute.
Read your rental agreement
The first step in successful lease termination is to read the lease. However, leases often contain legal terminology or language which is difficult to understand.
- Has your landlord failed to maintain the property or provide a safe living environment such that you can terminate without penalty?
- Does the document list reasons for which you’re allowed to break your lease?
- Are there any specific financial terms or penalties discussed?
- Be on the lookout for terms like “early release” or “sublet” to find all of your options.
- Take note of any language that dictates how much notice you need to give, as you’ll need to follow those rules.
A lawyer with experience in this area of law can help you decide on the best course of action. Rather than stress and guess, get a personal legal plan from LegalShield. You will have 24/7 emergency access for covered legal emergencies.
Renters: Communicate with your landlord
While all landlord and tenant relationships are different, it’s generally a good idea to communicate your intention to terminate your lease sooner rather than later. While landlords may not be happy to hear the news, they typically appreciate the chance to minimize lost rent.
Prepare for this conversation by getting legal advice from a lawyer experienced in this area of law. Lawyers can help you understand the terms of your lease and any applicable laws and recommend the best way to communicate with your landlord.
Our members get unlimited consultation with their lawyer and they can write letters or call your landlord on your behalf for no additional fee.
Reduce financial damages by finding a new renter
Approaching your landlord with a solution, rather than handing them a problem, is a great way to terminate a lease early. If you have someone that can take your place, with minimal interruption to your landlord’s cash flow, you’re in a much better position to negotiate a mutually agreeable termination.
- Some state laws actually require tenants to help find a new renter. Is that the case in your state?
- Does your lease allow you to sublet your rental property and have someone else fulfill the lease term?
- Can you find a new renter acceptable to your landlord to sign a new lease and then terminate your lease?
- What if they reject the person you find? Do you still have to pay penalties?
Whether legally required or not, it may be in your interest to help find the next renter and minimize any potential vacancy period. Have a lawyer review your lease and advise you on your rights and obligations based upon the laws in your state.
Lease termination checklist
FREE DOWNLOAD! Ending a lease can be confusing. We’ve created this free resource to help you ensure you understand and protect your rights when terminating a lease.
Create a win-win termination offer
Many leases spell out the penalty for breaking a lease early. It’s common to have to pay two or three months rent and forfeit your security deposit. Remember to read your lease to better understand your options and the potential financial impact of each one.
In the right situation, having a lawyer call to negotiate or write a lease termination letter on your behalf can get even better results than handling the situation on your own.
With an early lease termination you may still be required to meet your lease conditions as to the cleanliness and maintenance of your unit, particularly if the landlord is showing the unit to possible renters. Be sure you properly document everything, including the final inspection. If possible, have your own witness there who could later testify to the condition of the premises when you vacate.
It’s important that you have evidence of the condition of the premises when moving out. A landlord may seek to hold you liable later or refuse to return all or part of a deposit based for alleged problems.
Have a lawyer handle your lease termination
The information on this page, along with our lease checklist, may be all you need to successfully terminate your lease early.
However, if you’re confused by your lease terms or unaware of the rights you have under state and federal law, working with a lawyer can make everything go much smoother.
A LegalShield provider lawyer can help you avoid extra financial penalties, lawsuits and unnecessary stress.
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Frequently Asked Questions
A lawyer can help give guidance and help clients understand their rights and obligations. From advice to helping negotiate fair agreements, from resolving disputes to advocating in court, lawyers can help minimize the emotional and financial stress associated with landlord-tenant disputes.
Generally speaking, it’s a good idea to get legal advice on any renter's legal issue to ensure that your rights, and those of your loved ones, are protected.
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Hiring lawyers the usual way can cost hundreds per hour. But with LegalShield you pay a recurring fee and get access to experienced lawyers who can help with any number of renters issues.
Membership applications are reviewed within 72 hours. Once approved, you can contact your lawyer and to start using some perks of your membership.
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