Proving a breach of contract is the easiest way to get out of a rental contract. However, there are other routes you can take to get out of a rental lease even without proving a breach of contract from the landlord's side. Here are three of those routes.
Trigger the Early Termination Clause
If you haven't already scoured the contents of your lease agreement, go back to it and read it again. If you are lucky, you might find that there is an early termination clause that allows you to break the lease early under certain specific circumstances. For example, some rental agreements contain early termination clauses that allow tenants to leave in case they get divorced, lose a job, or incur a disabling illness. In fact, some landlords include the clause in their lease agreements but don't inform their tenants about it verbally. If you are lucky and the clause is in your lease agreement, you just have to prove that you meet the threshold to trigger it and you will be able to leave without a penalty.
Negotiate With the Landlord
Another option is to talk to the landlord and negotiate with them to allow you to break the lease without penalties. In most cases, you may have to forfeit your security deposit and allow the landlord to use it to mitigate their losses until they can find a replacement tenant. This option may be viable if you have been renting the house for a long time, you have formed a good relationship with the landlord, and the landlord is an agreeable person.
Explain the reason for the move, for example, a better job opportunity elsewhere or a serious fall in finances, to increase your chances of success. Note that the landlord isn't obligated to agree; it's their prerogative whether or not they agree to the deal. However, if the landlord does agree to let you break the lease without a penalty, make sure you get it in writing to avoid future complications.
Find a Replacement Tenant
In some cases, you may also have some luck by finding a replacement tenant to assume the rest of your lease. Of course, your landlord will have a say on the qualifications of the new tenant, especially if you don't have a sublease agreement in your rental agreement. However, if the landlord refuses to take the new tenant even though they are qualified, the landlord's damages against you may be reduced because they did not mitigate their damages.
Your landlord may sue you for breach of contract if you terminate your lease without a legally justifiable cause. If you are facing such a claim, you need the assistance of a real estate lawyer like Steve Butcher Sr to get you out of the jam or see to it that you don't pay inflated damages
Share17 July 2018
The court system can seem frightening and confusing if you're not used to using it. Whether you've been accused of a crime and you're trying to navigate the criminal court system, or you're being sued or considering suing someone else in civil court, you need an advocate who knows their way around. That's why finding the right lawyer for the job is so important. In this blog, I'll be helping you learn how to choose the right lawyer for the job and sharing information about legal strategies and courtroom procedures that you may come across when you have a legal problem. You need accurate information to help you understand the court system, and this blog can help.