Terminating a lease can be complex and depends on the circumstances. Formal written notice is usually required, and lease agreements can be terminated for various reasons. It’s essential to consult with an attorney familiar with landlord-tenant law to ensure everything is done legally.
There are several ways to terminate a lease, depending on whether it is the landlord or the tenant and the circumstances. Landlord-tenant law can get very complicated and generally tends to side with landlords, so tenants should be especially careful if they intend to terminate a lease.
A lease is a contractual obligation to occupy a property for a specified period of time, such as a year. The tenant is required to pay the rent, keep the property in good condition, refrain from engaging in illegal activities and comply with the terms of the lease. In return, the owner undertakes to keep the property in habitable condition. Lease agreements can be terminated for a variety of reasons.
In some cases, the lease is ending and the tenant plans to move out or the landlord would like the unit to be vacated. In these cases, formal written notice must be presented to terminate a lease. The terms of the lease usually require 30 days notice. For example, a student with a lease expiring on June 30 who graduates and moves elsewhere will send a notice at least 30 days before June 30 indicating that she intends to leave.
In other cases, a lease must be terminated due to violations. If someone is a tenant and the landlord is breaching the agreement by not responding to major issues such as a damaged plumbing system or malfunctioning wiring, the tenant should document the landlord’s failure to respond, and if the landlord continues to refuse to address the issue, the tenant can withdraw from the lease for default. This is done by sending formal written notice to the landlord stating when the tenant will be leaving and why.
If a tenant violates the terms of a lease, the landlord can issue a written warning, indicating that the tenant must remedy the violation or that resolution proceedings will be initiated. In the event of non-compliance by the tenant, the landlord may terminate the lease by sending a formal written notice, indicating that the tenant must leave within a certain period of time and stating the reason.
Sometimes, people want to terminate a lease early because they just want to move. This may be due to an issue that the landlord is not responsible for, because the tenant has found a better home, because the tenant is leaving the area, or for a variety of reasons. In this case, the lessee must terminate the lease by submitting written notice. The tenant is legally responsible for rent in the remaining months of the lease, although the landlord is also obligated to seek a new tenant to fill the remaining months. There may also be a penalty for breaking the lease.
Landlords may occasionally want tenants to move for the purpose of carrying out repairs or selling a property. The law in this situation varies. Some regions have very aggressive laws that protect the rights of tenants, forcing the landlord to wait for the end of the lease before canceling it. Others will allow landlords to terminate a lease in such cases, especially if they can demonstrate that the necessary repairs pose a safety risk until they are addressed.
Once the lease ends, the landlord has a set amount of time, usually 30 days, to inspect the property and make any necessary repairs. If repairs are needed and are paid for by the tenant, the landlord can deduct the cost of these repairs from the deposit and return any remaining funds. An itemized list with receipts is usually required to demonstrate the costs claimed for withholding funds from a tenant’s deposit. It’s a good idea for tenants to walk through the property with the landlord after they clear out to identify any problems and determine who is responsible.
Consulting an attorney familiar with landlord-tenant law can be a good idea when preparing to terminate a lease. The lawyer can make sure that everything is done within the law and facilitate the process to make it as painless as possible for all parties.
Protect your devices with Threat Protection by NordVPN
