Unless the lease or rental agreement specifies otherwise, in most states there is no legally recognized grace period—in other words, if a tenant hasn't paid the rent on time, the landlord can usually deliver a "pay or quit" notice the day after it is due. However, some leases and rental agreements do provide for a grace period for late rent.
Similarly, there is no legally recognized day that rent is due. Often rent is due on the first day of the month, but it is legal for a landlord to require rent to be paid on a different day of the month or at intervals other than monthly.
Some landlords charge fees for late payment of rent or for bounced checks; these fees are usually legal if they are reasonable. The laws on late fees can be found in your state's landlord-tenant statutes.
For month-to-month rentals, the landlord can raise the rent (subject to any rent control laws) with proper written notice, typically 30 days.
With a fixed-term lease, the landlord may not raise the rent during the lease, unless the increase is specifically called for in the lease, or unless the renter agrees. At the end of the lease, the landlord may raise the rent, subject to any rent control laws.
Few communities have rent control laws. In fact, communities in only six states—California (statewide), the District of Columbia, Maryland, New Jersey, and New York (statewide), and Oregon (statewide)—have rent control laws that limit the amount of rent landlords may charge.
Rent control laws (also called rent stabilization or maximum rent regulation) limit the circumstances and the times that rent may be increased, and the percentage by which rent can be increased each year. Landlords and tenants in states and cities with rent control should be sure to get a current copy of the rent control laws and any regulations interpreting them. Searching online for your state or city and "rent control" will likely pull up the website for the board or state agency that administers rent control.
For more articles about your legal rights when renting or leasing an apartment, see Nolo's Renting a House or Apartment section.
Although the terms "rental agreement" and "lease" are often used interchangeably, there are are important differences. A rental agreement provides for a tenancy of a short period (often 30 days) that is automatically renewed at the end of the period unless the tenant or landlord ends it by giving written notice. For these month-to-month rentals, the landlord can change the terms of the agreement with proper written notice.
A written lease, on the other hand, gives a renter the right to occupy a rental unit for a set term—most often for six months or a year but sometimes longer—as long as the tenant pays the rent and complies with other lease provisions. The landlord cannot raise the rent or change other terms of the tenancy during the lease, unless the tenant agrees.
Unlike a rental agreement, when a lease expires it does not usually automatically renew itself. A tenant who stays on with the landlord's consent after a lease ends becomes a month-to-month tenant, subject to the rental terms that were in the lease.
Be wary of signing a lease or rental agreement with the following provisions:
The following provisions are even worse—so bad that a court would probably not enforce them. But it's best to ask your landlord to remove them from the lease or rental agreement before you sign it.
Before you sign the lease or rental agreement, be sure you understand all of its terms. Also, never let your landlord fill in details in the lease later— make sure all blanks are filled in when you sign it. And be sure to get a copy of the lease immediately after you and the landlord sign it.
All state security deposit laws allow landlords to collect a security deposit when the tenant moves in. Half the states limit the amount landlords can charge, usually not more than a month or two worth of rent—the exact amount depends on the state. Many states require landlords to put deposits in a separate account, and some require landlords to pay tenants the interest on deposits.
Landlords use the deposit to cover unpaid rent and perform needed repairs or cleaning that results from more than normal use. But your security deposit should not go towards remedying ordinary wear and tear during your occupancy. For instance, a landlord cannot withhold your deposit to pay for house cleaning, carpet cleaning, or repainting unless these chores were necessary because of your unreasonable use of the rental. You can protect your security deposit by recording the condition of the premises when you move in, by using a move-in checklist and taking pictures.
Under federal law, landlords who manage buildings constructed before 1978 might have to provide tenants with disclosures about lead-based paint in the property. This is the only federally required landlord disclosure; all others are required by state or local law. (Note that states and cities might also require disclosures about lead-based paint.)
Many states require landlords to disclose:
Read your state’s required landlord disclosure laws to find out what landlords must disclose where you live.
Some cities and counties require more detailed disclosures than what’s required by state law. For example, New York City requires landlords to inform tenants of the building’s and the rental unit’s bed bug history for the past year. (New York City Administrative Code § 27-2018.1 (2024).)
In states that allow cities to pass rent control laws, local rent control ordinances typically require additional disclosures, such as the name and address of the government agency or elected board that administers the ordinance.
Many municipalities and counties have local ordinances online—search for the name of a particular city or visit State and Local Government on the Net. You can also check with the office of your city attorney, mayor, city manager, or county administrator.
Part of a landlord’s responsibility to provide habitable premises includes the obligation to warn tenants about hidden (not obvious) aspects of the rental property that could cause injury or substantially interfere with tenants’ safe enjoyment and use of the dwelling—for example, a warning that the building walls contain asbestos insulation which could become dangerous if disturbed. Depending on the applicable law, landlords may make these disclosures orally or in writing.
Keep in mind that some problems need to be fixed, not merely disclosed. A landlord who warns a tenant about a hidden defect, such as a faulty heater, remains legally responsible if the heater makes the rental uninhabitable or unreasonably dangerous.
The consequences to landlords who fail to make disclosures vary tremendously. Some disclosure statutes clearly lay out penalties, but many do not. When a statute doesn’t specify consequences, general rules take over—tenants can sue (typically in small claims court) for the damages they have suffered as a result of the nondisclosure
Disclosure laws that contain penalty provisions usually aren’t as difficult to enforce as those that don’t. Often, tenants can lodge complaints with a government agency, which in turn can impose penalties such as fines or the revocation of the landlord’s rental license (if applicable). Tenants should note, though, that disclosure laws typically don’t allow self-help remedies, such as breaking the lease or withholding rent.
Several disclosure laws carry specified monetary penalties. At the top of the list is the federally-required disclosure of lead paint hazards. First violations can result in a “notice of noncompliance” from the federal government, which gives landlords additional time to notify tenants. Civil and criminal fines of up to $21,018 per violation are also possible. (24 C.F.R. § 30.65 (2024).)
Some disclosure statutes provide for “actual damages,” which is an amount intended to compensate the tenant for calculable damages, such as lost work, moving expenses, or doctors’ bills. For example, many states require landlords to disclose to tenants whether they will end up paying for common area utilities, such as heat and electricity. Failure to explain these arrangements commonly carries a penalty of actual damages, which, for example, could be the cost to the tenant of paying for these utilities.
The violation of some disclosure laws will result in consequences that aren’t monetary. For example, many states require landlords to disclose the property manager’s identity and contact information. Typically, these statutes provide that if the landlord doesn’t provide this information, the tenant won’t be penalized for paying rent to or delivering legal notices and demands to the person who negotiated the lease rather than the officially designated person.
Nolo’s Every Landlord’s Legal Guide goes into detail on why landlords must disclose certain information, and includes a state-specific chart of required landlord disclosures.
Nolo’s Every Tenant’s Legal Guide breaks out how tenants can deal with challenging landlords and what steps they can take when their landlord doesn’t follow the law.
]]>Many states require landlords to inform tenants of important state laws or individual landlord policies. Commonly required disclosures include a landlord’s imposition of nonrefundable fees (where these fees are permitted), tenants’ rights to move-in checklists, shared utility arrangements (if any), and the identity of the landlord or landlord’s agent or manager. Some states also require specific disclosures regarding the landlord’s use of security deposits.
Citations for each state's disclosure laws are in the table below. Read the text of the statutes at the Library of Congress's legal research site.
Also, keep in mind that landlords in all states must disclose information about lead-based paint to tenants if the building they are renting was built before 1978.
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Statute(s): Ala. Code § 35-9A-202
Statute(s): Alaska Stat. §§ 34.03.080, 34.03.150
Statute(s): Ariz. Rev. Stat. §§ 33-1314, 33-1314.01, 33-1319, 33-1321, 33-1322, 36-1637
Statute(s): Ark. Code § 18-17-502
Statute(s): Cal. Civ. Code §§ 1710.2, 1940.6, 1940.7, 1940.8, 1940.9, 1946.2, 1947.5, 1947.12, 1950.5(m), 1954.603, 2079.10a; Cal. Bus. & Prof. Code § 8538; Cal. Health & Safety Code §§ 26147, 26148; Cal. Gov't. Code § 8589.45
Statute(s): Colo. Rev. Stat. §§ 38-12-801, 38-12-803, 38-12-903, 38-12-904, 38-12-1005
Statute(s): Conn. Gen. Stat. §§ 19a-37, 47a-3e, 47a-3f, 47a-6, 47a-7a, 47a-23c
Statute(s): Del. Code tit. 25, §§ 5105, 5118, 5311, 5312, 5317, 5606
Statute(s): D.C. Code §§ 42-3502.22, 42-3505.10,42-3505.31, 42-3531.01 and following, 42-3551.02; 12 D.C. Mun. Regs. § PM-704G; 14 D.C. Mun. Regs. § 300
Statute(s): Fla. Stat. §§ 83.50, 83.491, 404.056
Statute(s): Ga. Code §§ 44-1-16, 44-7-3, 44-7-20, 44-7-30, 44-7-33
Statute(s): Haw. Rev. Stat. §§ 521-42, 521-43
Statute(s): None
Statute(s): 425 Ill. Comp. Stat. § 60/3(d); 430 Ill. Comp. Stat. § 135/10(c); 720 Ill. Comp. Stat. § 46/26; 765 Ill. Comp. Stat. §§ 730/0.01 to 730/6, 740/5
Statute(s): Ind. Code §§ 8-1-2-1.2, 32-31-1-21, 32-31-3-18, 32-31-5-7
Statute(s): Iowa Code § 562A.13
Statute(s): Kan. Stat. §§ 58-2548, 58-2551
Statute(s): Ky. Rev. Stat. §§ 224.1-410, 383.585, 383.580; 902 Ky. Admin. Regs. 47:200
Statute(s): La. Rev. Stat. §§ 9:3258.1 and 9:3260.1
Statute(s): Me. Rev. Stat. tit. 14, §§ 6021-A, 6024, 6030-C, 6030-D, 6030-E, 6030-H; Me. Rev. Stat. tit. 35-A, § 10117
Statute(s): Md. Code Real Prop., §§ 8-203.1, 8-208, 8-210, 8-212.4, 8-218, 14-803, 14-804
Statute(s): Mass. Gen. Laws ch. 186, §§ 15B(2)(c), 15C, 21, 22(f)
Statute(s): Mich. Comp. Laws §§ 554.601b, 554.608, 554.634
Statute(s): Minn. Stat. §§ 504B.120, 504B.151, 504B.171, 504B.173, 504B.181, 504B.182, 504B.195
Statute(s): None
Statute(s): Mo. Rev. Stat. §§ 441.236, 442.055, 535.185
Statute(s): Mont. Code §§ 70-16-703, 70-24-301, 70-25-101(4), 70-25-206, 75-10-1305
Statute(s): Neb. Rev. Stat. § 76-1417
Statute(s): Nev. Rev. Stat. §§ 118A.200, 118A.275
Statute(s): N.H. Rev. Stat. §§ 477:4-g, 540-A:6
Statute(s): N.J. Stat. §§ 46:8-44, 46:8-45, 46:8-46, 46:8-50, 46:8-55, 55:13A-7.14, 55:13A-7.18, 55:13A-7:19; N.J. Admin. Code §§ 5:10-27.1, 5:10-27 App. 27A
Statute(s): N.M. Stat. § 47-8-19; N.M. Admin. Code § 20.4.5.13
Statute(s): N.Y. Gen. Oblig. Laws § 7-108; N.Y. Envtl. Conserv. Law § 27-2405; N.Y. Real Prop. Law §§ 231-b, 235-bb; N.Y. Mult. Res. Law §§ 3, 4, 15; N.Y. Mult. Dwell. Law §§ 3, 4, 68; N.Y. Exec. Law § 170-d; 9 NYCRR Section 4665.15
Statute(s): N.C. Gen. Stat. § 42-46
Statute(s): N.D. Cent. Code § 47-16-07.2
Statute(s): Ohio Rev. Code § 5321.18
Statute(s): Okla. Stat. tit. 41, §§ 113a, 116, 118; Okla. Stat. tit. 74, § 324.11a
Statute(s): Or. Rev. Stat. §§ 90.155, 90.220, 90.222, 90.228, 90.295, 90.302, 90.305, 90.310, 90.315, 90.316, 90.317, 90.318, 90.367, 479.270
Statute(s): None
Statute(s): R.I. Gen. Laws §§ 34-18-20, 34-18-22, 34-18-22.1
Statute(s): S.C. Code §§ 5-25-1330, 27-40-410, 27-40-420
Statute(s): S.D. Codified Laws § 43-32-30
Statute(s): Tenn. Code §§ 66-28-302, 66-28-403
Statute(s): Tex. Prop. Code §§ 92.008, 92.016, 92.019, 92.020, 92.056, 92.103, 92.111, 92.159, 92.201, 92.0131, 92.0135, 92.3515
Statute(s): Utah Code §§ 57-17-2, 57-22-4, 57-27-201
Statute(s): None
Statute(s): Va. Code §§ 55.1-1204, 55.1-1206, 55.1-1212, 55.1-1214 to 1219, 55.1-1223
Statute(s): Wash. Rev. Code §§ 59.18.060, 59.18.253, 59.18.257, 59.18.260, 59.18.285
Statute(s): W. Va. Code §§ 15A-10-12, 37-6A-1(14); W. Va. Code R. § 64-92-7
Statute(s): Wis. Admin. Code §§ 134.04.06, 134.09; Wis. Stat. §§ 704.05, 704.07, 704.08, 704.14
Statute(s): Wyo. Stat. § 1-21-1207
Updated: January 9, 2024
]]>Here is a list of citations for relevant state laws. To read your state laws, see the website maintained by the Cornell Legal Information Institute. For more information, check out Nolo's resources for victims of domestic violence, or contact local law enforcement or a battered women’s shelter.
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
No statute
No statute
Statute(s): Ariz. Rev. Stat. §§ 33-1315, 33-1318, 33-1414
Statute(s): Ark. Code § 18-16-112
Statute(s): Cal. Civ. Code §§ 1941.5, 1941.6, 1946.7; Cal. Code Civ. Proc. §§ 1161, 1161.3, 1174.27; Cal. Gov't Code § 53165.1
Statute(s): Colo. Rev. Stat. §§ 13-40-104 (4), 13-40-107.5 (5), 38-12-401, 38-12-402, 38-12-503
Statute(s): Conn. Gen. Stat. § 47a-11e
Statute(s): Del. Code tit. 25, §§ 5141(7), 5314(b), 5316
Statute(s): D.C. Code §§ 2-1401.02, 2-1402.21, 42-3505.07, 42-3505.08
No statute
Statute(s): Ga. Code § 44-7-23
Statute(s): Haw. Rev. Stat. §§ 521-80 to 521-82
No statute
Statute(s): 735 Ill. Comp. Stat. 5/9-106.2; 765 Ill. Comp. Stat. 750/1 through 750/35
Statute(s): Ind. Code §§ 32-31-9-1 through 32-31-9-15
Statute(s): Iowa Code §§ 562A.27A, 562A.27B, 562B.25A(3)
Statute(s): Kan. Stat. § 58-25,137
Statute(s): Ky. Rev. Stat. §§ 383.300, 383.302
Statute(s): La. Rev. Stat. § 9:3261.1 (domestic violence); La. Rev. Stat. § 9:3261.2 (sexual assault)
Statute(s): Me. Rev. Stat. tit. 14, §§ 6000, 6001, 6002, 6025
Statute(s): Md. Code Real Prop., §§ 8-208, 8-208.1; 8-5A-01 through 8-5A-06; 14-126
Statute(s): Mass Gen. Laws ch. 186, §§ 24, 25, 26, and 28; ch. 239, § 2A
Statute(s): Mich. Comp. Laws § 554.601b
Statute(s): Minn. Stat. §§ 504B.171, 504B.205, 504B.206
No statute
Statute(s): Mo. Rev. Stat. § 441.920
No statute
Statute(s): Neb. Rev. Stat. §§ 76-1431; 76-1431.01
Statute(s): Nev. Rev. Stat. §§ 118A.345, 118A.347, 118A.510
Statute(s): N.H. Rev. Stat. § 540:2.VII
Statute(s): N.J. Stat. §§ 46:8-9.5 through 46:8-9.12
Statute(s): N.M. Stat. § 47-8-33(J)
Statute(s): N.Y. Real Prop. Law §§ 227-c(2) and 227–d; N.Y. Real Prop. Acts. Law § 744; N.Y. Crim. Proc. Law § 530.13(1); N.Y. Dom. Rel. Law § 240(3); N.Y. Exec. Law § 296
Statute(s): N.C. Gen. Stat. §§ 42-40, 42-42.2, 42-42.3, 42-45.1
Statute(s): N.D. Cent. Code § 47-16-17.1
No statute
Statute(s): Okla. Stat. tit. 41, § 113.3
Statute(s): Or. Rev. Stat. §§ 90.449, 90.453, 90.456, 90.459
Statute(s): 53 Pa. Cons. Stat. § 304; 246 Pa. Code Rule 514.1
Statute(s): R.I. Gen. Laws §§ 34-37-1 through 34-37-4
No statute
Statute(s): S.D. Codified Laws §§ 43-32-18.1, 43-32-19.1
Statute(s): Tenn. Code §§ 66-7-109(e), 66-7-112, 66-28-205, 66-28-517(g)
Statute(s): Tex. Prop. Code §§ 92.015, 92.016, 92.0161
Statute(s): Utah Code § 57-22-5.1
Statute(s): 15 Vt. Stat. § 1103(c)(2)(B); 9 Vt. Stat. §§ 4471 through 4475
Statute(s): Va. Code §§ 55.1-1203, 55.1-1208, 55.1-1230, 55.1-1236
Statute(s): Wash. Rev. Code §§ 59.18.130(8)(b)(ii), 59.18.352, 59.18.570, 59.18.575, 59.18.580, 59.18.585
No statute
Statute(s): Wis. Stat. §§ 106.50, 704.14, 704.16
Statute(s): Wyo. Stat. §§ 1-21-1301 to 1-21-1304
Updated: January 6, 2023
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Except where noted, the amount of notice a landlord must give to increase rent or change another term of the rental agreement in a month-to-month tenancy is the same as that required to end a month-to-month tenancy. Be sure to check state and local rent control laws, which might have different notice requirements. Also, keep in mind that some states might allow landlords to provide less notice to tenants who have not paid rent or have otherwise violated the lease or rental agreement.
This chart also lists how much notice tenants have to give to end a month-to-month tenancy (this is typically the same amount of notice landlords must provide).
Read your state statute for the specific rules in your state. The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes.
In contrast to rental agreements, fixed-term leases usually obligate landlords and tenants to comply with the lease for the entire lease term (typically one year), except in specific cases—for example, if the landlord wants to end the lease because tenant fails to pay rent or the tenant wants to break the lease because the landlord fails to provide habitable housing.
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Last update: December 18, 2023
]]>Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Statute or case on duty to rerent: Ala. Code §§ 35-9A-105, 35-9A-423
Landlord must make reasonable efforts to rerent. Landlord can prioritize renting other vacant units first.
Statute or case on duty to rerent: Alaska Stat. § 34.03.230(c)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Ariz. Rev. Stat. § 33-1370
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Grayson v. Mixon, 5 S.W.2d 312 (Ark. 1928)
Landlord has no duty to look for or rent to a new tenant.
Statute or case on duty to rerent: Cal. Civ. Code §§ 1951.2, 1951.4
Landlord must make reasonable efforts to rerent. However, landlord may keep the lease in effect and recover rent as it becomes due provided that possession is not retaken and the lease states that the tenant has the right to sublet or assign, subject only to landlord’s reasonable limitations.
Statute or case on duty to rerent: Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Conn. Gen. Stat. § 47a-11a
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Del. Code tit. 25, § 5507(d)(2)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: D.C. Code § 42-3505.52
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Fla. Stat. § 85.595
Landlord must make reasonable efforts to rerent most of the time. But if the lease includes a liquidated damages addendum that provides for no more than 2 months’ damages and requires the tenant to give no more than 60 days’ notice, the landlord can do nothing (meaning the tenant remains liable for rent as it becomes due), or invoke the liquidated damages provision.
Statute or case on duty to rerent: Ga. Code § 44-7-34; Peterson v. Midas Realty Corp., 287 S.E.2d 61 (Ga. Ct. App. 1981)
Georgia law is unclear. The code states that nothing prevents landlords from retaining the security deposit for rent and other damages as long as the landlord attempts to mitigate their damages—which suggests that the landlord has a duty to rerent. However, a Georgia court has held that a landlord could keep the rental vacant and sue for rent as it becomes due in spite of the statutory rule.
Statute or case on duty to rerent: Haw. Rev. Stat. § 521-70(d)
The statute implies that the landlord has a duty to rerent. When a tenant breaks the lease, the landlord is entitled to the lesser of (1) the entire rent due for the remainder of the term, or (2) the amount of rent accrued during the period reasonably necessary to rerent at a fair rent plus the difference between fair rent and the rent under the lease, as well as a commission for the rerenting of the unit. The landlord is entitled to the lesser of these two even if the landlord doesn’t actually rerent the unit.
Statute or case on duty to rerent: Consol. Ag. v. Rangen, Inc., 912 P.2d 115 (Idaho 1995)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: 735 Ill. Comp. Stat. § 5/9-213.1
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Nylen v. Park Doral Apts., 535 N.E.2d 178 (Ind. Ct. App. 1989)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Iowa Code § 562A.29(3)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Kan. Stat. § 58-2565(c)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Ky. Rev. Stat. § 383.670
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: La. Civ. Code § 2002; Easterling v. Halter Marine, Inc., 470 So.2d 221 (La. Ct. App. 1985); Gray v. Kanavel, 508 So.2d 970 (La. Ct. App. 1987)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Me. Rev. Stat. tit. 14, § 6010-A
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Md. Code Real Prop., § 8-207
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Edmands v. Rust & Richardson Drug Co., 191 Mass. 123, 128 (1906)
Although case law seems to accept a duty to mitigate, there is no definitive statement of the law and the issue remains unsettled.
Statute or case on duty to rerent: Fox v. Roethlisberger, 85 N.W.2d 73 (Mich. 1957)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Control Data Corp. v. Metro Office Parks Co., 208 N.W.2d 738 (1973)
Landlord has no duty to look for or rent to a new tenant.
Statute or case on duty to rerent: Alsup v. Banks, 9 So. 895 (Miss. 1891)
Landlord has no duty to look for or rent to a new tenant.
Statute or case on duty to rerent: Mo. Rev. Stat. § 535.300; Rhoden Inv. Co. v. Sears, Roebuck & Co., 499 S.W.2d 375 (Mo. 1973)
Landlord must mitigate only if they intend to use tenant’s security deposit to cover future unpaid rent.
Statute or case on duty to rerent: Mont. Code § 70-24-426
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Neb. Rev. Stat. § 76-1432
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Nev. Rev. Stat. § 118.175
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Wen v. Arlen’s, Inc., 103 A.2d 86 (N.H. 1954); Modular Mfg., Inc. v. Dernham Co., 65 B.R. 856 (Bankr. D.N.H. 1986)
There is no statute on point. The state supreme court has said landlords don’t have a duty to mitigate in commercial tenancies, but there are no residential cases on point.
Statute or case on duty to rerent: Sommer v. Kridel, 378 A.2d 767 (N.J. 1977)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: N.M. Stat. § 47-8-6
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: N.Y. Real Prop. Law § 227-e
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Isbey v. Crews, 284 S.E. 2d 534 (N.C. Ct. App. 1981)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: N.D. Cent. Code § 47-16-13.5
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Stern v. Taft, 361 N.E.2d 279 (Ohio Ct. App. 1976); Dennis v. Morgan, 732 N.E.2d 391 (Ohio 2000)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Okla. Stat. tit. 41, § 129
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Or. Rev. Stat. § 90.410
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Stonehenge Square Ltd. P’ship v. Movie Merchs., 715 A.2d 1082 (Pa. 1998)
Landlord has no duty to look for or rent to a new tenant.
Statute or case on duty to rerent: R.I. Gen. Laws § 34-18-40
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: S.C. Code § 27-40-730(c)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: No statutes or cases discuss this issue for residential tenancies. However, based on general contract law and cases dealing with commercial tenancies, it seems likely that a court hearing a residential case on point would require the landlord to mitigate damages.
Statute or case on duty to rerent: Tenn. Code § 66-28-507(c)
Landlords in counties having a population of more than 75,000 under the 2010 federal census have a duty to make reasonable efforts to rerent.
Statute or case on duty to rerent: Tex. Prop. Code § 91.006
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Utah Code § 78B-6-816; Reid v. Mutual of Omaha Ins. Co., 776 P.2d 896 (Utah 1989)
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Vt. Stat. tit. 9, § 4462
Landlord has no duty to look for or rent to a new tenant.
Statute or case on duty to rerent: Va. Code § 55.1-1251
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Wash. Rev. Code §§ 59.18.310, 59.18.595
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: W. Va. Code § 37-6-7
Landlord must make efforts to rerent.
Statute or case on duty to rerent: Wis. Stat. § 704.29
Landlord must make reasonable efforts to rerent.
Statute or case on duty to rerent: Goodwin v. Upper Crust, Inc., 624 P.2d 1192 (Wyo. 1981)
Landlord must make efforts to rerent.
Updated December 8, 2023
]]>If your lease or rental agreement is like most, it will include a clause prohibiting sublets without the landlord’s consent. Landlords typically include this clause in order to maintain control over who lives in the rental property. This is because a person who sublets has no legal relationship with the landlord, unlike a tenant who has signed a lease.
In most cases, you’ll need your landlord’s permission to sublet. Even if your landlord lives out of the area and never stops by your place, or you’re sure your landlord wouldn’t care, it’s a good idea to ask for permission (in writing) to sublet.
See Nolo’s sample tenant request to sublet for a model in preparing your own letter to your landlord. Your letter should make the case that the person subletting is a good stand-in for you, in terms of credit history, references, and other landlord screening criteria.
The good news is that in a few states, including California and Florida, landlords may not unreasonably withhold their consent to sublet, without a good reason for doing so. For example, a landlord would be justified in refusing a sublet to someone who has a history of evictions for not paying the rent or damaging the rental property.
If you don’t ask permission to sublet, and the landlord finds out and is unhappy about this, the landlord has grounds to terminate your tenancy for failing to comply with the lease or rental agreement prohibition on sublets (assuming your lease includes this type of clause). Even if your lease doesn’t say anything about sublets, it’s still a good idea to ask the landlord’s permission for the sake of good relationships.
If your landlord agrees to the sublet, be sure to give your subtenant a copy of your lease or rental agreement, so the subtenant is aware of all the rules that apply to the rental, such as noise restrictions or a no pets policy. And remember if the person subletting damages the rental unit, the landlord will come after you (and your security deposit) to cover the cost of damage repair. To further protect yourself, sign a separate agreement with your subletter.
Finally, keep in mind that rules against sublets apply to all subtenants—that is, anyone living in the rental unit (such as a full-time roommate) who has not signed the lease or rental agreement. If you want to bring in a new roommate, your landlord will probably want you all to sign a new lease or rental agreement. For more on adding a new roommate and related topics, see the Living with Roommates section of the Nolo site, which includes a sample letter asking the landlord’s permission to add a roommate.
For more information on tenant rights regarding sublets, subtenants, and roommates, see Every Tenant’s Legal Guide (California renters see California Tenants’ Rights). If you’re a landlord, see Every Landlord’s Legal Guide (or The California Landlord’s Law Book: Rights and Responsibilities).
]]>In the following situations, however, landlords might not be successful in enforcing a no-pets clause.
Even though landlords may refuse to rent to someone with a pet, it's harder for a landlord to change the rules if a tenant already has a pet. The landlord's legal right to change the terms of the tenancy usually depends on whether you signed a rental agreement or a lease.
A landlord who doesn't object to a tenant's pet for several months or years might lose the right to enforce a written no-pets clause: A court could decide that by not acting promptly, the landlord waived the right to object. (Be aware, however, that some leases contain a “no-waiver clause,” in which landlords reserve their right to enforce a term of the lease at any time—even when they haven’t enforced it in the past. Courts don’t have to enforce a no-waiver clause, but having one in the lease might boost a landlord’s position.)
How long landlords can wait without effectively waiving their right to enforce depends on the circumstances. Courts have held that a few days’ delay isn’t too long. But a tenant who has had a pet for several months or a year might have a strong legal argument for getting to keep it. Also, local law might impose a timeframe on how long landlords have to take action—for example, in New York City, a landlord has three months after finding out about a tenant's pet to start enforcing a no-pets clause. If the clause isn't enforced during that period, the landlord loses the right to enforce it (unless the pet is a nuisance). The ordinance mentions only leases; it doesn't say whether or not a landlord who has allowed a pet can enforce a no-pets clause in a month-to-month rental agreement.
What if a landlord or manager tells you it's all right to move in with a pet, even though the lease you signed says no pets are allowed? If you relied on the landlord's promise that it was okay—perhaps by acquiring a dog, or choosing the apartment because you could bring your cat—a court might rule that the landlord could not later try to get out of the agreement. In the end, it comes down to basic fairness.
For example, a New Jersey court ruled that tenants who had kept a dog for more than ten years could not be kicked out of their apartment because they refused to accept a no-pets clause when they renewed the lease. The apartment manager had told the tenants that they could have a dog because they were such good tenants. The court found that because the tenants had relied on that promise, buying and becoming attached to a purebred dog, they should not have to get rid of their pet "on the basis of a landlord's whim or caprice." (Royal Associates v. Concannon, 490 A.2d 357 (N.J. Super. 1985).)
Service animals are allowed in rental housing, regardless of a no-pet policy. A service animal is one that is trained to perform a task directly related to the person’s disability. Federal law states that dogs and miniature horses can be service animals. Examples of service dogs include guide dogs, hearing dogs, psychiatric service dogs, and seizure response dogs.
But even tenants who don’t require a service animal might have a special need for an emotional support and comfort or companion animal (an “ESA”). In some situations, the tenant’s need might prevail over a landlord's wish to enforce a no-pets clause. If the tenant is a person with a disability, and the ESA provides assistance that enables the tenant to live safely and equally in the rental, the landlord might have to make reasonable accommodations for the tenant and allow the ESA despite a no-pets policy. Each situation is unique, though, and landlords are allowed to put reasonable conditions on their approval of an ESA. For example, a landlord may decline to allow a noisy parrot on the grounds it disturbs other tenants, but might not be able to decline a miniature pig without good reason.
You don't want to go to court to argue about any of these theories if you can possibly avoid it. So if a landlord tries to get rid of you or your pet, try to work things out. You might end up paying a little more rent or putting down a bigger security deposit, but it will be cheaper than court.
If you need some help negotiating, try a community mediation center or the local humane society, which might provide mediators specifically for landlord-tenant disputes about pets. If negotiations seem pointless or you’re unsure whether you’re in violation of a no-pets policy, consider contacting a local landlord-tenant attorney to discuss your situation.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called "breaking" the lease. Here’s a brief review of tenant rights in California to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease).
A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant lease term, such as repeatedly throwing large and noisy parties. In these cases, landlords in California must follow specific procedures to end the tenancy. For example, your landlord must give you three days’ notice to pay the rent or leave before filing an eviction lawsuit. (Cal. Civ. Proc. Code § 1161(2) (2023).) If you have engaged in any illegal activity on the premises, your landlord may give you an unconditional quit notice, giving you three days to move out. (Cal. Civ. Proc. Code § 1161(4) (2023).) And, if California's statewide rent control laws apply to your rental, other rules might apply.
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You might be able to legally move out before the lease term ends in the following situations.
California law provides early termination rights for tenants who are victims of domestic abuse, sexual abuse, and certain other crimes. Tenants may terminate early not only when they themselves are a victim, but also when the victim is a member of their household or an immediate family member—even if they do not live with the immediate family member.
For details about eligibility and how to give notice, read California Civil Code section 1946.7.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Service members Civil Relief Act, 50 App. U.S.C.A. §§ 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.
You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
California state law also provides early termination rights when a tenant enters military service or receives military orders. (Cal. Mil. & Vet. Code § 409 (2023).)
If your landlord does not provide habitable housing under local and state housing codes, a court might conclude that you have been “constructively evicted." This means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you—forced you to move out—so you have no further responsibility for the rent.
California law sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service. (Green v. Superior Court, 10 Cal.3d 616 (1974) and Cal. Civ. Code § 1942 (2023).)
Under state law in California, your landlord must give you reasonable notice in writing before entering your rental. 24 hours’ notice (or 48 for the final move-out inspection) is usually considered reasonable. (No notice is required in the event of an emergency.) (Cal. Civ. Code §§ 1954, 1950.5 (2023).)
If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
When you don’t have a right to legally break your lease in California, the following might happen:
The good news is that a landlord can’t just sit back and hold you responsible for all the rent under the lease—the landlord must instead try to find a suitable new tenant as soon as possible. This is called the landlord’s “duty to mitigate damages.”
If you don’t have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law, your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. (Cal. Civ. Code § 1951.2 (2023).)
The landlord doesn't need to relax their rental criteria just to fill the vacancy—for example, the landlord doesn’t have to accept an applicant who has a poor credit history. Also, the landlord isn't required to rent the unit for less than fair market value, or to immediately ignore other business and turn their attention to renting your unit. The landlord is also entitled to add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit but can’t find an acceptable tenant, you'll be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit isn’t sufficient, your landlord can also sue you.
If the landlord fails to attempt to mitigate their damages and decides to sue you instead, you can use the defense of failure to mitigate damages to offset what you owe. This defense can be tricky, though: You’ll have to prove that the landlord didn’t make reasonable efforts to rerent, and that the landlord would’ve been able to find a suitable tenant if they had tried.
If you want to leave early but don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation by:
California Tenants’ Rights, by J. Scott Weaver and Janet Portman (Nolo) provides extensive legal and practical advice for California tenants on lease terminations, including dozens of forms and sample letters.
Nolo’s California Landlord-Tenant law page provides detailed information about landlord-tenant laws in California, California security deposit laws, and more.
]]>
Here are some things renters should do before engaging in short-term hosting.
First, read your lease. It undoubtedly has a provision that says something like the following: “Tenant shall not sublet all or any part of the premises without Landlord’s prior written consent.” “Sublet” means you rent out all or part of the apartment—whether for a few days or longer. If you violate this provision, or a lease clause limiting guest stays, your landlord can evict you.
If you’re a good tenant, your landlord may not be anxious to evict you and may let you off with a warning and a promise not to do any more short-term hosting. On the other hand, if you live in a rent-controlled apartment and are paying a below-market rent, your landlord may be looking for any legal excuse to evict you and get new tenants at a higher—perhaps much higher—rent. This has already happened to renters in cities with rent control like San Francisco and New York. In one case, for example, a tenant who listed his San Francisco apartment on Airbnb received an eviction notice from his landlord even though he never actually hosted anyone.
Many local zoning or land use laws restrict or prohibit short-term rental hosting. Research your local laws before you even think about renting out your apartment. For details, see the Nolo article Legal Restrictions to Renting Your Home on Airbnb or Other Rental Services. Links to the short-term rental laws for many cities are on Airbnb's Responsible Hosting page.
If your local laws prohibit short-term hosting, you should forget about it. If you’re very anxious to host, you could work to get such laws changed.
Most local laws don't flat out prohibit short-term rentals. Instead, they impose various restrictions on them. For example, you may be allowed to rent out your unit only for a limited number of days per year--90 or 120 days are common limits. You may also be required to register with your city or county and pay a registration or license fee. Make sure to comply with all your local requirements before you list your apartment for short-term rental.
Many renters who do short-term hosting never tell their landlords about it. This is like playing Russian Roulette with your lease. It may work out okay if your guests cause no problems and your neighbors don’t complain to your landlord. The landlord may never even find out about your Airbnb guests, especially if your landlord lives out of town and rarely stops by the rental. On the other hand, if neighbors complain or the landlord otherwise discovers what you’re doing, you could be in trouble.
Instead of taking this chance, you should talk to the landlord and get his or her permission before you ever list your apartment on Airbnb or another short-term hosting site. (See How to Sublet a Rental Unit for more on the subject.)
In order to get your landlord to agree, you’ll probably have to take steps to make it worth your landlord's while. Obviously, one way to do this is to offer to split with your landlord part of the money you earn. In one reported case, for example, a San Francisco landlord agreed to permit his tenants to list their rented home on Airbnb in return for 20% of the money the Airbnb guest paid, after cleaning expenses. Alternatively, you could offer to pay your landlord a higher rent if he or she lets you earn extra income through short-term hosting.
There are other things you can do as well to make your landlord more amenable to your short-term hosting. For example, your landlord may give you permission to host so long as you promise to do so only on an occasional basis, rather than all the time. If your landlord is worried that your guests could cause problems and bother the neighbors, you could rent out only a portion of your apartment, rather than the entire unit. That way, you’ll be present to deal with the guests.
If you do get your landlord’s permission to short-term host, be sure to summarize your agreement in writing. If you don't have it already, you should also obtain renters' insurance with plenty of liability coverage. If your landlord wants to increase his or her own insurance coverage because of your frequent paying guests, you could offer to pay all or part of the cost. For details on insurance issues involved with short-term rentals, see Insurance Questions When Renting Out Your Home Short Term.
If your landlord won’t agree to permit you to short-term host, don’t do it. The extra money you might earn likely won’t make up for getting evicted.
Make sure you pay all required taxes and fees your state, city, county, or other government agency imposes on short-term rentals. Local occupancy taxes are ordinarily paid by the guests who pay for short-term rentals, not the hosts who provide them. This is the same as hotel occupancy taxes that are paid by a hotel’s guests. The hosts’ role is ordinarily limited to collecting the taxes from their guests and remitting them to the appropriate state and/or local agency. You may be required to register with your city or county, or obtain a business license, before collecting and remitting these taxes. In some areas, Airbnb or other hosting platforms will take care of calculating, collecting, and remitting local occupancy tax on your behalf. You can find excellent summaries of the state and local short-term rental tax rules for each state on the Avalara website. You should also check your local government’s website for information about these local taxes.
Finally, you should always carefully screen your Airbnb, HomeAway, FlipKey, and similar guests. This is by far the best way to avoid problems that can lead to evictions or problems in your rental. In one case, for example, a comedian rented his New York City studio apartment through Airbnb only to discover that the guest used the unit to host a “BBW panty raid party” to which he charged the public admission. The apartment was ransacked and the comic’s landlord started eviction proceedings. Had the comic Googled the Gmail address and phone number the guest had provided him during their correspondence on Airbnb, he would discovered a tweet advertising such a party.
More thorough screening may be warranted, for example, if you are renting your apartment out on a long-term basis. In this case, it makes sense to run a credit report and screen your subtenants the way landlords screen new tenants. See the Nolo article How to Screen and Select Tenants FAQ for more on the subject.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called "breaking" the lease. Here’s a brief review of when a Texas tenant can break a lease without further liability for the rent—and what can happen when a tenant illegally breaks a lease.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease).
A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant lease term, such as repeatedly throwing noisy parties. In these cases, landlords in Texas must follow specific procedures to end the tenancy. For example, your landlord must give you three days’ notice (unless the lease specifies a shorter or longer time) to pay the rent or leave before filing an eviction lawsuit. (Tex. Prop. Code § 24.005 (2023).)
Tenants are legally bound to pay rent for the full lease term, regardless of whether they continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You might be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
Texas state law also provides early termination rights when a tenant enters military service or receives military orders. (Tex. Prop. Code § 92.017 (2023).)
Texas law provides early termination rights for tenants who are victims of (or who are the parents or guardians of a victim of) sexual assault or stalking within the past six months on the premises or at any dwelling on the premises. The tenant must provide notice to the landlord as well as documentation of the events. (Tex. Prop. Code § 92.0161 (2023).)
Texas law defines "family violence" as an act by a member of a family or household against another member of the family or household that's intended to result in physical harm or reasonably places the person in fear of imminent physical harm. The definition also includes abuse and dating violence. (Tex. Fam. Code § 71.004 (2023).)
If you are a victim of family violence in Texas, you have the right to break your lease and leave early if you provide your landlord with documentation of the family violence. (Tex. Prop. Code § 92.016 (2023).)
If your landlord doesn't provide habitable housing under local and state housing codes, a court might conclude that you've been “constructively evicted.” This means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you—forced you to move out—so you have no further responsibility for the rent.
Texas law sets specific procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service. (Tex. Prop. Code § 92.056 (2023).)
Texas doesn't have a state law that specifies the amount of notice your landlord must give you to enter your rental. However, if your landlord repeatedly violates your rights to privacy by entering without permission, you might be considered “constructively evicted” (see discussion above). Constructive eviction usually justifies breaking the lease without further rent obligation.
Other actions by your landlord might also allow you to break your lease without penalty. For example, if your landlord wrongfully cuts off your water, wastewater, gas, or electric service, you have the right to terminate your lease. (Tex. Prop. Code § 92.008 (2023).) Also, if your landlord wrongfully changes the locks or otherwise prevents you from being in your rental, you have the right to terminate your lease. (Tex. Prop. Code § 92.0081 (2023).)
Under Texas law, landlords must install a smoke alarm before you move in. Alternatively, a tenant can provide a landlord a written notice of the need to install, inspect, or repair a smoke alarm. If the landlord doesn’t comply with the request within seven days, the tenant can has certain remedies available. (Tex. Prop. Code § 92.259 (2023).)
One of the remedies available to the tenant when the landlord fails to adhere to smoke detector laws is to terminate the lease. (Tex. Prop. Code § 92.260 (2023).)
Texas landlords must disclose to tenants certain information about the ownership and management of the rental. For example, a landlord must disclose the name and street address of an off-site management company. (Tex. Prop. Code § 92.201 (2023).)
If a landlord fails to make the disclosures required by Texas law, one of the tenant’s options is to break the lease. (Tex. Prop. Code § 92.205 (2023).)
When you don’t have a right to legally break your lease in Texas, the following might happen:
The good news is that a landlord can’t just sit back and hold you responsible for all the rent under the lease—the landlord must instead try to find a suitable new tenant as soon as possible. This is called the landlord’s “duty to mitigate damages.”
Under Texas law, a landlord must make “objectively reasonable efforts” to find a suitable new tenant and minimize the amount of rent you owe when you break your lease. The landlord can’t waive this duty in the lease or rental agreement. (Tex. Prop. Code § 91.006 (2023); Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc., 948 S.W.2d 293 (Tex. 1997).)
The landlord doesn't need to relax their rental criteria just to fill the vacancy—for example, the landlord doesn’t have to accept an applicant who has a poor credit history. Also, the landlord isn't required to rent the unit for less than fair market value, or to immediately ignore other business and turn their attention to renting your unit. The landlord is also entitled to add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit but can’t find an acceptable tenant, you'll be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit isn’t sufficient, your landlord can also sue you.
If the landlord fails to attempt to mitigate their damages and decides to sue you instead, you can use the defense of failure to mitigate damages to offset what you owe. This defense can be tricky, though: You’ll have to prove that the landlord didn’t make reasonable efforts to rerent, and that the landlord would’ve been able to find a suitable tenant if they had tried.
If you want to leave early but don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation by:
Every Tenant’s Legal Guide (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
Nolo’s Texas Landlord-Tenant Law page provides detailed information about landlord-tenant laws in Texas, Texas security deposit laws, and more.
]]>Sometimes, though, you can’t stay in your rental through the end of your lease—an unexpected event happens and you have to move out. If you’re lucky, your landlord will agree to let you go—a response most likely if your landlord is a decent sort or there is a shortage of rental housing and hordes of eager applicants—or, ironically, if the landlord considers you a pain in the neck and would be delighted to say good-bye. If your landlord agrees to let you out of your lease early, be sure to put the agreement to cancel the lease in writing.
But what happens when your landlord doesn't agree to let you out of the lease? Like lots of legal answers, it depends—your state’s law might regulate what your landlord can do when you move out before the end of the lease. Also, the status of the local rental market might affect what happens after you break your lease: If there’s a lot of rentals on the market, your landlord might not be able to rerent, and you might be on the hook for all of the remaining rent.
Let’s start with the basics: Your lease is a contract, obligating you to pay rent for the entire term. The fact that you pay in monthly installments doesn’t change the fact that you owe the landlord for the entire amount. So if you split early, what’s to stop the landlord from suing you for the remaining months’ rent?
Fortunately, in most states, landlords can't simply sit back and wait for the term to end, then sue you for the rent due after you left. Instead, landlords must take reasonable steps to rerent your former place and, if they are successful in rerenting, credit rent received from the new tenant to your debt. In legalese, this duty is called the landlord’s duty to mitigate damages. Before you make the move, check your state law on landlord's duty to rerent (that is, to mitigate damages).
A landlord's duty to rerent has some limitations, however:
Unfortunately, many landlords are unaware of their duty to rerent for the benefit of the departing tenant. Even landlords who are aware of the rule often find the notion that they must make an effort to minimize the financial hit to someone who broke their lease tough to swallow. The response of some landlords is to keep the security deposit (at least) and maybe even send a threatening letter demanding the balance of the rent.
If you’ve broken your lease and taken off, expect to lose at least a month’s rent. Even if state law requires your landlord to mitigate, most judges give landlords a month of rent as damages, no matter how quickly they advertised and showed the unit—or how quickly they could have rented it if they had tried. Most likely, your landlord will subtract this month’s worth of damages from your security deposit.
But being asked to pony up the rest of the rent due under your lease is something else entirely. If your landlord sends you a letter demanding the balance due under your lease, respond with a polite letter, citing your state’s law on mitigating damages. Doing so might make your landlord think twice about sitting idle and waiting to collect rent from you for an empty apartment. You can use the Sample Letter Alerting Landlord to the Duty to Mitigate, below, as a template for your letter.
If your letter doesn't produce the desired result, you might be headed to court. Your former landlord might sue you for the rent due from the time you moved out until the end of the lease, or you might sue your former landlord to recover unreasonable deductions from your security deposit.
In court, you’ll need to have some proof that the landlord failed to mitigate to support your position. After you leave the rental, collect evidence of the landlord’s efforts (or lack thereof) to rerent your former unit. Try to find out whether the landlord advertised (check Craigslist and rental ads for a month or so), showed the unit (ask the neighbors), rented comparable apartments but not yours, or in fact rented the unit and is now attempting to double-dip. In some states, if you end up in court arguing that the landlord failed to take steps to rerent, it's your burden to provide proof of the landlord's inaction—not the landlord's duty to show their rerental efforts.
[Date]
[Landlord's name]
[Landlord's address]
Dear [Landlord's name]:
Until recently, I rented your flat at 78 Oak Street in Monroe [provide the full address and unit number, if applicable]. Unfortunately, a job transfer made it necessary for me to move to Harding, some 100 miles away. As I explained in late May, I had no choice but to break my year’s lease on June 1, 20xx [give the exact date you moved out]. The lease had six months left. I left owing no rent for the time that I lived there.
I was disappointed to receive your letter dated June 18, 20xx, in which you informed me that you expect me to pay you for the remaining six months’ rent. You stated that you will keep my entire security deposit (two months’ rent) and have demanded that I pay you for the remaining four months' rent.
May I direct your attention to California Civil Code Section 1951.2, which requires a landlord to use reasonable efforts to rerent after a tenant has broken the lease. As you know, rentals are scarce in this town, and I would think that you could rerent my flat, which is quite nice, fairly quickly. While I am prepared to cover one month while you prepare, advertise, and show the unit, I am certainly not willing to pay further rent on an apartment that you have purposely left empty.
Please send a check for $[____] [name a specific amount] to the address below my signature on or before July 15 [give a specific response date].
Yours truly,
[Your name]
23 Seventh Avenue
Harding, CA 90000
209-555-4567
The previous section applies to situations in which you do not have a legally justified reason for leaving. However, the law recognizes that sometimes tenants have justifiable reasons for moving out of a rental before their lease ends. These include:
Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of Colorado tenants' rights to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change the lease until the lease ends (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or otherwise violate a significant lease term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Colorado must follow specific procedures to end the tenancy. For example, your landlord must give you ten days’ notice to pay the rent or leave before filing an eviction lawsuit. (Colo. Rev. Stat. § 13-40-104(1)(d) (2022).) If you have repeatedly violated any clause in the lease, your landlord may give you an unconditional quit notice (a notice without any chance to remedy the violation) that requires that you move out within ten days. (Colo. Rev. Stat. § 13-40-104(1)(e.5) (2022).)
Tenants are legally bound to pay rent for the full lease term whether or not they actually live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You might be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
Colorado law provides early termination rights for tenants who are victims of domestic violence, so long as specified conditions are met (such as the tenant providing a copy of a police report). (Colo. Rev. Stat. § 38-12-402 (2022).)
If your landlord does not provide habitable housing under local and state housing codes, a court might conclude that you have been “constructively evicted.” This means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent.
Colorado's warranty of habitability law states that in every rental agreement, the landlord warrants that the rental is fit for human habitation—even if the warranty isn't mentioned in the lease. The law lays out what makes a rental unfit for habitation, and also notes that the warranty of habitability might be breached when there's a condition that materially interferes with the tenant's life, health, or safety, if the landlord is aware of it and hasn't fixed it. When the landlord has breached the warranty of habitability and the tenant has given the proper notice of the problem, the tenant may break the lease without penalty. (Colo. Rev. Stat. §§ 38-12-503, 38-12-507 (2022).)
There is no state law in Colorado that specifies the amount of notice a landlord must give a tenant before entering a rental property. (The exception is that the landlord must give 48 hours' notice to inspect for or treat bed bugs.) If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, a court might consider you to be “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you become aware of any hazardous condition of a gas appliance, piping, or other gas equipment, you are required under Colorado law to immediately inform your landlord or the landlord’s agent in writing of the existence of the hazard. (Colo. Rev. Stat. § 38-12-104(2) (2022).) Your landlord then has 72 hours (excluding Saturdays, Sundays, and legal holidays) to have the condition repaired by a professional. If the landlord doesn’t make the repairs within 72 hours, and your building is still hazardous, you can vacate the rental, and your lease becomes void (you are released from all responsibility under lease). You can also demand the return of your security deposit (minus any allowable deductions). (Colo. Rev. Stat. § 38-12-104(3)-(4) (2022).)
Landlords in most states (for example, Arizona) must make a reasonable effort to rerent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. In Colorado, an old case imposes this duty on commercial landlords (Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987)), but did not specifically extend the duty to landlords renting residential property. However, the case strongly suggested that such a duty would be fair and appropriate, and over the years, courts in many counties and cities have apparently taken the hint and required landlords to “mitigate damages” by trying to rent their property reasonably quickly, keeping their losses to a minimum. Unless you're advised differently by a local lawyer, you should assume that the duty to mitigate will apply to your landlord.
If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
But keep in mind that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent until the landlord, using reasonable efforts, rerents the unit. This could be a substantial amount of money if you leave several months before your lease ends, or if the market is cold (there's lots of competitive units out there, unrented). Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in a Colorado small claims court where the limit is $7,500. (If the amount at issue is equal to or less than $25,000, your landlord might sue you in the appropriate Colorado county court.)
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide (Nolo) provides extensive legal and practical advice that every tenant needs, from move-in to move-out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
Nolo’s eBook, Break Your Lease Without Breaking the Law, also offers some valuable insights on how to approach your landlord when you need to leave early, and provides information about subletting and assigning your lease.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires is called “breaking the lease.” Most of the time, tenants who break a lease are on the hook for the remaining rent due unless the landlord rerents the unit or lets you off the hook. However, there are a few circumstances in which an Arizona tenant might be able to break a lease without further liability for the rent.
In Arizona, a tenant might be able to break a lease without owing future rent in the following situations.
An Arizona tenant who has been the victim of domestic violence or has been the victim of sexual assault in the unit can break the lease. The tenant must provide the landlord with written notice requesting to be let out of the lease or rental agreement on an agreed-upon date within the next 30 days. The notice must include one of the following:
The tenant has the right to break the lease only if the events that resulted in the tenant being a victim happened within the 30-day period immediately before the tenant’s notice of termination (unless the landlord agrees otherwise). The tenant is liable only for rent and fees owed through the date of the lease termination. (Ariz. Rev. Stat. § 33-1318 (2022).)
A law enforcement officer who is protected under an injunction against harassment can break a lease or rental agreement in the same manner that a victim of domestic violence or sexual assault can (see discussion above). The injunction must have been issued within the 30-day period immediately before the written termination notice, unless the landlord agrees otherwise. (Ariz. Rev. Stat. § 33-1318.01 (2022).)
Members of the “uniformed services” have the right to break their lease under certain circumstances, such as when they receive an order for permanent change of station or to deploy with a military unit. “Uniformed services” includes anyone in the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. A tenant in this situation must give their landlord written notice of termination. The content of the notice and the date of termination depend on the reason the servicemember is breaking the lease—for example, if the tenant is entering military service, the tenancy will terminate 30 days after the next rent due date after the notice is delivered. (50 U.S.C. § 3955 (2022).)
If an Arizona landlord breaches the lease or rental agreement—or materially lies in writing about the condition or availability of the rental—the tenant can deliver a written notice to the landlord stating what the issue is and that the tenancy will terminate on the 11th day if the breach isn’t remedied within 10 days. If the breach materially affects health and safety, the tenant can deliver a written notice giving the landlord only five days to fix the problem. The tenant can break the lease and move out if the landlord doesn’t meet the deadline. Also, if the breach materially affects health and safety (and the tenant give the landlord a written five-day notice), the tenant can find another place to live while the landlord fixes the issue and seek reimbursement from the landlord. (Ariz. Rev. Stat. § 33-1361 (2022).)
Note: In some limited circumstances, Arizona tenants can pay for repairs themselves and deduct the costs from their rent. However, when a tenant chooses to do this, they might be prohibited from breaking the lease. Tenants should never withhold rent or move out because of a landlord’s breach without first consulting an attorney to make sure that they are choosing the right response to the landlord’s noncompliance—otherwise, they risk being evicted and held liable for all rent. See Arizona Revised Statutes sections 33-1361, 33-1363, and 33-1364 for more information.
Unless it’s an emergency, Arizona landlords must give tenants two days’ notice before entering the rental. (Ariz. Rev. Stat. § 33-1343 (2022).) When a landlord enters without permission or makes repeated demands for entry that effectively become harassment of the tenant, the tenant has the choice of either getting a court order to stop the behavior or moving out. The tenant is also entitled to damages in the amount of at least a month’s rent. (Ariz. Rev. Stat. § 33-1376 (2022).)
Even when a tenant doesn’t have legal justification for breaking a lease, the tenant might not be responsible for paying the future rent due. Under Arizona law, landlords must make reasonable efforts to rerent the unit—no matter the tenant’s reason for leaving. In legal terms, this is known as a landlord's "duty to mitigate" damages. The tenant will be on the hook for only the amount of rent due until the landlord rerents the unit.
The landlord doesn’t need to relax the rental criteria for finding a new tenant—for example, the landlord doesn’t have to accept someone with a poor credit history just to fill the vacancy. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn their attention to renting the unit to the detriment of other business. Also, the landlord can charge the former tenant for reasonable expenses incurred because of the tenant’s early departure—for example, the costs of advertising the property.
If, despite the landlord’s best efforts, the landlord can’t find a renter who will pay as much as the departed tenant, the departed tenant is responsible for the difference between the rent under the lease and the amount the new tenant pays. If the tenant’s security deposit isn’t enough to cover all the rent owed and expenses, the landlord can sue the former tenant to recover the difference.
When a landlord doesn’t make a reasonable effort to rerent, the tenancy is deemed to have ended on the day that the landlord had notice that the tenant left, and the tenant won’t be responsible for further rent.
(Ariz. Rev. Stat. § 33-1370 (2022).)
When a tenant wants to break a lease without legal justification, there are better options than just moving out and hoping the landlord gets a new tenant quickly. Many times, it’s in the best interest of both the landlord and the tenant to work out an agreement regarding an early termination.
It’s a good idea for tenants to provide as much notice as possible by writing a sincere letter to their landlord explaining why they need to leave early. Also, a tenant might offer to help the landlord find a suitable replacement—someone with good credit and excellent references—to sign a lease when they move out. Often, landlords are willing to work with tenants who need to move early when they know there’s a replacement tenant lined up.
]]>If your state has no law giving victims of domestic violence early termination rights or other domestic violence protections, don’t automatically assume that you’re stuck. First, if you want to move, appeal to your landlord’s bottom line: The last thing any landlord wants on the property is a disruptive, potentially violent situation. Letting you out of the lease might be good for the landlord, too—what the landlord loses in rent might pale in comparison with the potential cost of repairing damaged property, lawsuits, or negative publicity if the situation escalates.
Even if your state gives some special protections to domestic violence victims, your landlord can still terminate your tenancy, if necessary, for nonpayment of rent. Unfortunately, all too often the abuser will leave the property but the remaining victim struggles to pay the rent. It is legal for a landlord to terminate the tenancy of a domestic violence victim who falls behind in the rent, just like any other tenant who’s behind in rent.
]]>You can always amend a commercial lease if both landlord and tenant agree to the new terms. As the novel coronavirus sweeps the country, forcing small businesses to slow operations or close, landlords and tenants are facing tough questions: Should the landlord forgive or postpone the rent during the duration of a local or state-wide stay-home order? What about other tenant obligations, such as common area maintenance contributions and keeping up insurance policies? Similarly, should the parties reconsider some landlord obligations, like building-wide HVAC operating hours, janitorial services, and restrictions on the tenant’s use of its rented space?
Because each lease situation is unique, we can’t offer a finished set of amendments. But by using this Nolo form and considering these instructions, you can systematically go through your lease, consider possible changes, and record the ones you choose on this form.
Importantly, because the form will become part of your lease, any terms or conditions that you do not change will remain intact. In other words, you’ll be spared the hassle of dealing with an argument about whether additional clauses were changed or new ones added. Having your agreed-upon changes in writing and firmly attached to your lease should forestall such future complications.
Here is a short list of lease clauses that you might want to consider changing. In each clause, be sure to specify how long the amended version will last.
Some savvy tenants might be tempted to invoke clauses in the lease that they think will excuse them from paying rent, such as a claim of uninhabitability, frustration of purpose, impossibility, lack of quiet enjoyment, the interruption of landlord services, the presence of hazardous materials, or cotenancy provisions (where tenants in malls are excused from operations if anchor stores close or a specified of other stores are shuttered). But these arguments are not sure-fire, and they expose the tenant to countermeasures, such as the landlord drawing on the security deposit (and demanding its replenishment), drawing on letters of credit, or enforcing guaranties (including the tenant's personal guarantee). Such retaliation won't do anyone much good. Instead, consider working together, as follows.
Decreasing the rent during a period of reduced or no operation is the most common change that landlords and tenants will make. Be sure to describe:
If you are in a city or state that has instituted an eviction moratorium, be sure that you learn its terms, and write your amendment accordingly. For example, the temporary moratorium on evictions for unpaid rent in Los Angeles states that tenants will have up to six months after the local state of emergency is over to pay the rent.
To find out whether a moratorium applies to you and to learn its specifics, go to the webpage maintained by the National Conference of State Legislatures, State Action on Coronavirus (COVID-19). To find orders from governors, type your state’s name, followed by “eviction moratorium” into your search engine.
If the tenant leases on a square foot basis, and is closed or has limited its operations, it might not need all of the space it’s leasing. You can agree to decrease the area being rented, which will decrease the rent.
Normally, landlords dip into the deposit to cover unpaid rent. But they don’t have to; they can declare a rent default right away. Landlords and tenants might agree that the landlord will use the deposit to cover unpaid rent right away.
Tenants in multi-tenant properties might be obliged to remain open during specified days and hours. If the area is under a stay-at-home order, these obligations will need to be addressed.
This clause specifies what will happen if the tenant doesn’t move out as planned at the end of the lease. Depending on the ending date of the lease, landlords and tenants might want to relax any provision that calls for increased rent during a hold over period.
This clause places restrictions and requirements on how tenants use their space. For example, it might limit a mall tenant to selling only coffee and pastries; or limit a restaurant to take out for only 10% of its operations; or restrict the public’s access to a tenant that does wholesale. These days, however, that café might need to offer meals as well as snacks; the restaurant might be able to offer only take-out; and the wholesaler might need to deal directly with the public. Consider the nature of the tenant’s business and how it needs to change to survive; then vary the Use clause accordingly. (Landlords in multi-tenant properties, where use and exclusive clauses held by all tenants must be harmonized, might have some difficulties here.)
Utilities clauses specify how costs are metered and apportioned. A tenant that is closed and dark might reasonably ask to be absolved of cost allocations that make sense when everyone is operating.
Tenants in “net” rent situations pay a portion of the landlord’s taxes. Landlords and tenants should check with their state taxing office to see whether state and local taxes have been postponed; if so, the amendment to the Taxes clause should reflect the new arrangement.
Tenants will want any parking charges to be dropped during a period when their business is closed.
This clause covers what common area maintenance (“CAM”) the tenant has to pay for. If the building is closed and maintenance work is on hold, the landlord might still be paying for it. How to fairly reallocate this cost can be a negotiation point. Amending the landlord’s duty to provide extensive HVAC services might also be reasonable.
At the end of the lease, you’ll likely see a clause explaining what happens if either landlord or tenant fails to live up to the lease. Of course, all of your amendments thus far have been designed to avoid a default, by relaxing conditions that would otherwise lead to one. Still, you might want to vary this clause, by extending the “cure” period (time the parties have to fulfill their obligations) and by specifying that notice of a default may be delivered via email, if that provision doesn’t already exist.
If your original lease has a cosigner, you'll need to ask the cosigner to sign the amendment as well. Otherwise, the cosigner will not be bound by its terms, and might not even be bound by original clauses you did not change. In other words, the amendment might effectively remove the cosigner entirely, so be sure to get a signature.
If you want to add a cosigner, you can do so now. The new cosigner will become bound by both the original lease terms and the amendments.
Be sure that everyone—landlord, tenant, cosigners—signs the amendment. Give a copy to each party, and attach it to the underlying lease.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called "breaking" the lease. Here’s a brief review of a tenant's right in Arkansas to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term of the lease, such as repeatedly throwing large and noisy parties. In these cases, landlords in Arkansas must follow specific procedures to end the tenancy.
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You might be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. §§ 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord fails to provide a habitable residence—in other words, if your rental doesn't meet basic health and safety requirements—you must notify your landlord in writing of the violations. If the landlord doesn't fix the problems within 30 calendar days of receiving the notice, you can terminate the lease or rental agreement without penalty and receive a refund of your security deposit. (Ark. Code Ann. § 18-17-502(d) (2021).)
Arkansas state law doesn't require your landlord to give you notice before entering your rental. However, if your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, a judge might consider this to be a "constructive eviction." This would usually justify your breaking the lease and free you of further obligation.
Landlords in most states must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Unfortunately, landlords in Arkansas (Weingarten/Arkansas, Inc. v. ABC Interstate Theatres, Inc., 811 S.W.2d 295 (Ark. 1991)) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
If the landlord doesn’t agree to let you off the hook, though, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord can sue you, probably in small claims court where the limit is $5,000 in Arkansas.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Ohio to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Ohio must follow specific procedures to end the tenancy. For example, your landlord can terminate with an Unconditional Quit notice if rent is overdue (Ohio Rev. Code Ann. § § 1923.02(A)(9) and 1923.04).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires. Additional state rules may apply for tenants who need to break a lease in order to enter the military.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Ohio law (Ohio Rev. Code Ann. § 5321.07) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Ohio, your landlord must give you 24 hours’ notice to enter rental property (Ohio Rev. Code Ann. § § 5321.04(A)(8), 5321.05(B)). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Ohio law (Stern v. Taft, 361 N.E.2d 279 (Ct. App. 1976)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Ohio requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms. (One caveat, however: This duty to mitigate in Ohio does not apply if the lease includes language relieving the landlord of this duty.)
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $3,000 in Ohio.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Wisconsin to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Wisconsin must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice if you are a month-to-month tenant to pay the rent or leave before filing an eviction lawsuit, or can use an Unconditional Quit notice with 14 days’ notice. If you have a lease less than one year or are a year-to-year tenant, landlords must give you five days and cannot use an Unconditional Quit notice. If you have a lease longer than one year, landlords must give you 30 days’ notice and may not use an Unconditional Quit Notice (Wisconsin Stat. Ann. § 704.17).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires. Check state law for additional rules that may affect tenants starting military duty.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Wisconsin law (Wis. Stat. Ann. § 704.07(4)) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Wisconsin, your landlord must give you advance notice to enter rental property (Wis. Stat. Ann. § 704.05(2)). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Wisconsin law (Wis. Stat. Ann. § 704.29), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Wisconsin requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $10,000 in Wisconsin.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Washington to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Washington must follow specific procedures to end the tenancy. For example, your landlord must give you three days’ notice to pay the rent or leave (Washington Rev. Code Ann. § 59.12.030(3)) before filing an eviction lawsuit. If you have caused serious damage to the property, your landlord may give you an unconditional quit notice, giving you three days to move out. (Wash. Rev. Code. Ann. §59.12.030).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Washington law (Wash. Rev. Code Ann. § § 59.18.100, .110, .115) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
State law (Wash. Rev. Code Ann. § § 59.18.575) provides early termination rights to tenants who are victims of domestic violence, unlawful harassment, or stalking, provided specified conditions are met (such as the tenant reporting the domestic violence or other act to law enforcement or another qualified third party).
Under state law in Washington, your landlord must give you two days’ notice to enter rental property or one day’s notice to show the property to actual or prospective tenants or buyers (Wash. Rev. Code Ann. § 59.18.150). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Washington law (Wash. Rev. Code Ann. § 59.18.310), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Washington requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in Washington.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Virginia to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Virginia must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice to pay the rent or leave (Virginia Code Ann. §§ 55.1-1245, 55.1-1250 (2020)) before filing an eviction lawsuit. If you have repeatedly violated the lease (after a similar earlier violation was cured), your landlord may give you an unconditional quit notice, giving you 30 days to move out. (Va. Stat. Ann. § 55.1-1245 (2020).)
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C. §§ 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. The date for termination must be no less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. The termination date should not be more than 60 days before the date of departure necessary to comply with our official orders. You must supply your landlord with official verification of the military orders. (Va. Stat. Ann. § 55.1-1235 (2020).)
Virginia state law provides early termination rights for tenants who are victims of family or sexual abuse, provided that specified conditions are met (such as the tenant securing an order of protection). (Va. Code Ann. §§ 55.1-1208, 55.1-1236, 55.1-1230 (2020).)
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Under Virginia law, when landlords fail to supply an essential service, such as heat, tenants must serve written notice of the breach on the landlord and give the landlord a reasonable time to correct the breach. If the landlord doesn’t correct the breach, the tenant can recover the diminution of the fair rental value of the unit or obtain substitute housing for the period of the breach, and be excused from paying rent. (Va. Stat. Ann. § 55.1-1239 (2020).) In some circumstances, a court might also allow the tenant out of the lease without penalty. (Va. Stat. Ann. § 55.1-1241 (2020).)
Under state law in Virginia, your landlord must give you 24 hours’ notice to enter rental property for maintenance, but does not need to give you any notice if you have requested maintenance. (Va. Code Ann. §§ 55.1-1229, 55.1-1249 (2020).) If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” and this would usually trigger the procedure for relief described above.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Virginia law (Va. Code Ann. § 55.1-1251 (2020)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Virginia requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to re-rent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord re-rents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to re-rent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord can sue you, probably in small claims court where the limit is $5,000 in Virginia.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Utah to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Utah must follow specific procedures to end the tenancy. For example, your landlord must give you three days’ notice to pay the rent or leave (Utah Code Ann. § 78B-6-802) before filing an eviction lawsuit. If you have caused substantial damage to the property, your landlord may give you an unconditional quit notice, giving you three days to move out. (Utah Code Ann. §78B-6-802).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Utah law (Utah Code Ann. § 57-22-6) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
State law (Utah Code Ann. § 57-22-5.1) provides early termination rights for tenants who are victims of domestic violence, provided that specified conditions are met (such as the tenant filing a police report or security in protective order).
Under state law in Utah, your landlord must give you 24 hours’ notice to enter rental property unless the rental agreement specifies otherwise (Utah Code Ann. § 57-22-4(2)). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Utah law (Utah Code Ann. § 78B-6-816, Reid v. Mutual of Omaha Ins. Co., 776 P.2d 896 (Utah 1989)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Utah requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $11,000 in Utah.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Tennessee to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Tennessee must follow specific procedures to end the tenancy. For example, your landlord must give you 14 days’ notice to pay the rent and 16 days to move (Tennessee Code Ann. § 66-28-505) before filing an eviction lawsuit. If you repeat an act that violates the lease or rental agreement within a six-month period, your landlord may give you an unconditional quit notice, giving you 14 days to move out. (Tenn. Code. Ann. § § 66-7-109).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Tennessee law (Tenn. Code Ann. § § 66-28-502 and 68-111-104) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Tennessee, your landlord must give you 24 hours’ notice to enter rental property when showing the premises to prospective renters (Tenn. Code Ann. § § 66-28-403, 66-28-507). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Tennessee law (Tenn. Code Ann. § 66-28-507 (c)), landlords must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Tennessee requires landlords of larger counties to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms. (By larger county, we mean counties having a population of more than 75,000; see Tenn. Code Ann. § 66-28-102 for details.)
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $25,000 in Tennessee.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in South Carolina to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in South Carolina must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice to pay the rent or leave (South Carolina Code Ann. § § 27-40-710(B) and 27-37-10(B)) before filing an eviction lawsuit. If there is a written rental agreement that states in conspicuous type that the landlord may file for eviction immediately after rent is five days late, the landlord may do so. If there is no such agreement, the landlord must give the tenant five days’ written notice before filing for eviction
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. South Carolina law (S.C. Code Ann. § § 27-40-630 and 27-40-640) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in South Carolina, your landlord must give you 24 hours’ notice to enter rental property (S.C. Code Ann. § 27-40-530). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under South Carolina law (S.C. Code Ann. § 27-40-730 (c)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because South Carolina requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $7,500 in South Carolina.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Pennsylvania to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Pennsylvania must follow specific procedures to end the tenancy. For example, your landlord must give you ten days’ notice to pay the rent or leave (68 Pa. Cons. Stat. Ann. § 250.501(b)) before filing an eviction lawsuit. If you have violated the terms of a lease more than one year, your landlord may give you an unconditional quit notice, giving you 30 days to move out. (68 Pa. Cons. Stat. Ann., § 250.501(b)).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Pennsylvania law (68 Pa. Cons. Stat. Ann. § 250.206, 35 Pa. Cons. Stat. Ann. § 1700-1 and Pugh v. Holmes, 405 A.2d 897 (1979)) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Pennsylvania does not have a state law that specifies the amount of notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
Landlords in most states (for example, Arizona) must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Unfortunately, landlords in Pennsylvania (Stonehedge Square Ltd. P’ship v. Movie Merchs., 715 A.2d 1082 (Pa. 1998)) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $12,000 in Pennsylvania.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Oregon to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Oregon must follow specific procedures to end the tenancy. For example, your landlord may serve a pay or quit notice after the rent is eight days late, giving you three days, or they may serve the notice earlier, after rent is five days late, and give you six days to pay or quit (Oregon Rev. Stat. § § 90.394(2))(a) and 90.394(2)(b)).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
State law (Ore. Rev. Stat. Ann. § § 90.453 and following) provides early termination rights for tenants who are victims of domestic violence, sexual assault, or stalking, provided that specified conditions are met (such as the tenant filing a police report).
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Oregon law (Ore. Rev. Stat. § 90.365) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Oregon, your landlord must give you 24 hours’ notice to enter rental property (Ore. Rev. Stat. § 90.322). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Oregon law (Ore. Rev. Stat. § 90.410), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Oregon requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $10,000 in Oregon.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Oklahoma to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Oklahoma must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice to pay the rent or leave (Oklahoma Stat. Ann. tit. 41, § 131) before filing an eviction lawsuit. If you have repeatedly violated the lease, your landlord may give you an unconditional quit notice that requires that you move out immediately. (Okla. Stat. Ann. tit. 41, § 132).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Oklahoma law (Okla. Stat. Ann. tit. 41, § 121) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Oklahoma, your landlord must give you one day’s notice to enter rental property (Okla. Stat. Ann. tit. 41, § 128). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Oklahoma law (41 Okla. Stat. Ann. § 129), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Oklahoma requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $10,000 in Oklahoma.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in North Carolina to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in North Carolina must follow specific procedures to end the tenancy. For example, your landlord must give you 10 days’ notice to pay the rent or leave (North Carolina Gen. Stat. § 42-3) before filing an eviction lawsuit. If you have violated a lease term that specifies that eviction will result from noncompliance, your landlord may give you an unconditional quit notice that requires that you move out immediately. (N.C. Gen. Stat. § 42-26(a)).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
State law (N.C. Gen. Stat. § 42-45.1) provides early termination rights for tenants who are victims of domestic violence, provided that specified conditions are met (such as the tenant securing a court order of protection).
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. The problem must be truly serious, such as the lack of heat or other essential service.
North Carolina does not have a state law that specifies the amount of notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under North Carolina law (Isbey v. Crews, 284 S.E.2d 534 (N.C. Ct. App. 1981)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because North Carolina requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in North Carolina.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in New York to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in New York must follow specific procedures to end the tenancy. For example, your landlord must give you fourteen days’ notice to pay the rent or leave (New York Real Prop. Acts Law § 711(2)) before filing an eviction lawsuit. If you are a holdover tenant in New York City, your landlord may give you an unconditional quit notice, giving you 30 days to move out. (N.Y. Real Prop: Law § 232-a).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
State law (N.Y. Real Prop. Law § 227-c) provides early termination rights for tenants who are victims of domestic violence, provided that specified conditions are met (such as the tenant securing a court order of protection).
New York law (N.Y. Real Prop. Law § 227-a) provides early termination rights to tenants who are 62 years of age or older and can no longer live independently, and must move to a nursing home or other senior citizen housing.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. New York law (N.Y. Real Prop. Law § 235-b, Semans Family Ltd. Partnership v. Kennedy, 675 N.Y.S.2d 489 (N.Y. City Civ. Ct., 1998) andJangla Realty Co. v. Gravagna 447 N.Y.S.2d 338 (Civ. Ct., Queens County, 1981)) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
New York does not have a state law that specifies the amount of notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
Landlords in most states must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. As of July 2019, landlords in New York have this responsibility to “mitigate damages,” by trying to rerent their property reasonably quickly. Once the new tenant begins paying rent, the old tenant's responsibility for rent for the balance of the original rent term ends.
If you live in New York and want to break your lease but don’t have a legally justified reason, such as one of those described above, don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord with as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references to sign a new lease.
But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease until the landlord gets a new tenant in place. This could be a substantial amount of money if you leave several months before your lease ends, or the market is soft. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in New York (or $3,000 in town and village courts).
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in New Jersey to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in New Jersey must follow specific procedures to end the tenancy. For example, your landlord must give you 30 days’ notice to pay the rent or leave (New Jersey Stat. Ann. § §2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-9) before filing an eviction lawsuit. If you have continually violated the landlord’s reasonable rules and regulations despite repeated warnings, your landlord may give you an unconditional quit notice, giving you one month to move out. (N.J. Stat. Ann. § § 3A:18-61.2(b), 2A:18-61.1).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires. Additional state rules may apply in New Jersey to tenants who need to break a lease to enter the military.
State law (N.J. Stat. Ann. § 46:8-9.2) provides early termination rights for tenants who suffer a disabling illness or accident, or who are 62 years of age or older and need to move into an assisted living facility, nursing home, or continuing care community; such early termination rights are contingent upon the tenant meeting specified conditions (such as a physician's certification of the tenant's need to move out of the current rental unit).
State law (N.J. Stat. Ann. § 46:8-9.6) provides early termination rights for tenants (or their children) who are victims of domestic violence (or face an imminent threat of physical harm), provided that specified conditions are met (such as the tenant securing a permanent restraining order).
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. New Jersey law (N.J. Stat. Ann. § 2A:42-88 and Marini v. Ireland, 265 A.2d 526 (1970)) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in New Jersey, your landlord must give you one day’s notice to enter rental property for inspection and repairs and “reasonable” notice for entry for other reasons (N.J.A.C. 5:10-5.1). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under New Jersey law (Sommer v. Kridel, 378 A.2d 767 (N.J. 1977)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because New Jersey requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $3,000 in New Jersey.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Nevada to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Nevada must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice to pay the rent or leave (Nevada Rev. Stat. Ann. § 40.251) before filing an eviction lawsuit. If you have caused substantial damage to the property, your landlord may give you an unconditional quit notice, giving you three days to move out. (Nev. Rev. Stat. Ann. § 40.2514).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
Under state law (Nev. Rev. Stat. Ann. § 118A.340) older (60 years of age plus) tenants who must move because a physical or mental disability may break a lease if they need care or treatment that cannot be provided in the rental unit, provided that specified conditions are met (such as giving proper written notice to the landlord).
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Nevada law (Nev. Rev. Stat. Ann. § § 118A.360, 118A.380 and 118A.490) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Nevada, your landlord must give you 24 hours’ notice to enter rental property (Nev. Rev. Stat. Ann. § 118A.330). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
State law (Nev. Rev. Stat. Ann. § § 118A.345, 118A.347, 118A.510) provides early termination rights for tenants who are victims of domestic violence, provided that specified conditions are met (such as the tenant securing a valid protection order).
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Nevada law (Nev. Rev. Stat. Ann. § 118.175), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Nevada requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $10,000 in Nevada.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Minnesota to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Minnesota must follow specific procedures to end the tenancy. For example, your landlord must give you 14 days’ notice to pay the rent or leave (Minnesota Stat. Ann. § 504B.135) before filing an eviction lawsuit.
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
State law (Minn. Stat. Ann. § 504B.206) provides early termination rights for tenants (or their children) who are victims of domestic violence (or who fear imminent domestic violence), provided that specified conditions are met (such as the tenant securing an order of protection).
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Minnesota law (Minn. Stat. Ann. § § 504B.215, 504B.385 and -504B.425) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Minnesota, your landlord must give you “reasonable” notice to enter rental property (Minn. Stat. Ann. § 504B.211). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
Landlords in most states (for example, Arizona) must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Unfortunately, landlords in Minnesota (Control Data Corp. v. Metro Office Parks Co., 296 Minn. 302 (Minn. 1973)) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $15,000 in Minnesota.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Michigan to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Michigan must follow specific procedures to end the tenancy. For example, your landlord must give you seven days’ notice to pay the rent or leave (Michigan Comp. Laws § 554.134(2)) before filing an eviction lawsuit. If you have willfully or negligently caused a serious and continuing health hazard or damage to the premises, your landlord may give you an unconditional quit notice, giving you seven days to move out. (Mich. Comp. Laws §600.5714(d)).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
State law (Mich. Comp. Laws § 554.601b) provides early termination rights for tenants (or their child) who are victims of domestic violence, sexual assault, or stalking (or who fear such violence), provided that specified conditions are met (such as the tenant securing a personal protection order or filing a police report).
Under state law (Mich. Comp. Laws § 554.601a), tenants who have occupied their rental unit for more than 13 months may terminate the lease by a 60-day written notice if the tenant has become eligible for subsidized senior citizen housing, or because the tenant is incapable of living independently due to age or infirmity.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Michigan law (Rome v. Walker, 196 N.W.2d 850 (1972), Mich. Comp. Laws § 554.139, and -125.530) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Michigan does not have a state law that specifies the amount of notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Michigan law (Fox v. Roethlisberger, 85 N.W.2d 73 (Mich. 1957)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Michigan requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,500 in Michigan.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Massachusetts to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Massachusetts must follow specific procedures to end the tenancy. For example, your landlord must give you 14 days’ notice (if the issue is not addressed in the rental agreement) to pay the rent or leave (Massachusetts Gen. Laws Ann. ch. 186, § § 11 to 12) before filing an eviction lawsuit.
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Massachusetts law (Mass. Gen. Laws Ann. ch. 111, § 127L and ch. 239 §8A) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
State law (Mass. Gen. Laws Ann, ch. 186 § 24) provides early termination rights for tenants who are victims of domestic violence, rape, sexual assault, or stalking (or who have reasonable fears of imminent physical harm), provided that specified conditions are met (such as the tenant securing a valid protection order).
Massachusetts state law does not specify how much notice your landlord must give you to enter rental property (Mass. Gen. Laws Ann. ch. 186 § 15B(1)(a)). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
The law in Massachusetts is a bit unsettled. A long line of old cases stands for the proposition that a landlord does not have a duty to mitigate damages. However, consumer information booklets published by the state (A Massachusetts Consumer Guide to Landlord Rights and Responsibilities) and tenants' rights organizations (MassLegalHelp), say that landlords do have such a duty. It's probably fair to say that in practice (that is, in trials and negotiations, which are not published and do not serve as official statements of the law), landlords are expected to take steps to mitigate and fare poorly if they do not mitigate but still sue to collect rent from long-gone tenants. To find out what the practice is in your area, you'll need to consult with an experienced landlord-tenant lawyer who knows how this issue is handled by practitioners and judges.
If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord with as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references to sign a new lease.
But keep in mind that if the landlord doesn’t agree to let you off the hook, you may be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $7,000 in Massachusetts.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Maryland to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Maryland must follow specific procedures to end the tenancy. For example, your landlord may file for eviction immediately after rent is overdue, and must give tenants ate least five days’ notice to appear in court. If you do not pay and the landlord wins, you have four days to move (Maryland Code Ann. [Real Prop.] § 8-401).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires. Additional state rules may apply to tenants in Maryland who need to break a lease in order to enter the military.
State law (Md. Code Ann. [Real Prop.] § 8-5A-02) provides early termination rights for tenants who are victims of domestic violence or sexual assault, provided that specified conditions are met (such as the tenant giving the landlord proper written noitce).
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Maryland law (Md. Code Ann. [Real Prop.] § § 8-211, 8-211.1) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Maryland does not have a state law that specifies the notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Maryland law (Md. Code Ann., [Real Prop.] § 8-207), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Maryland requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in Maryland.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Kentucky to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Kentucky must follow specific procedures to end the tenancy. For example, your landlord must give you seven days’ notice to pay the rent or leave (Kentucky Rev. Stat. Ann. § 383.660(2)) before filing an eviction lawsuit. If you have repeated the same material violation of the lease within six months of being given a first cure or quit notice, your landlord may give you an unconditional quit notice, giving you 14 days to move out. (Ky. Rev. Stat. Ann. §383.660(1)).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Kentucky law (Ky. Rev. Stat. Ann. § § 383-635, 383.640 and 383-645) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Kentucky, your landlord must give you two days’ notice to enter rental property (Ky. Rev. Stat. Ann. § § 383.615, 383.670). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Kentucky law (Ky. Rev. Stat. Ann. § 383.670), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Kentucky requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $2,500 in Kentucky.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Iowa to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Iowa must follow specific procedures to end the tenancy. For example, your landlord must give you three days’ notice to pay the rent or leave (Iowa Code § 562A.27(2)) before filing an eviction lawsuit. If you have repeated the same violation of the lease within a six-month period that affects health and safety, your landlord may give you an unconditional quit notice, giving you seven days to move out. (Iowa Code §562A.27).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Iowa law (Iowa Code Ann. § 562A.23-.24) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Iowa, your landlord must give you 24 hours’ notice to enter rental property (Iowa Code Ann § § 562A.19, 562A.28, 562A.29). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Iowa law (Iowa Code § 562A.29(3)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Iowa requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in Iowa.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Indiana to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Indiana must follow specific procedures to end the tenancy. For example, your landlord must give you 10 days’ notice to pay the rent or leave (Indiana Code Ann. § 32-31-1-6) before filing an eviction lawsuit.
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
State law (Ind. Code Ann. § 32-31-9-1 et sec.) provides early termination rights for tenants who are victims of domestic violence, a sex offense, or stalking, provided that specified conditions are met (such as the tenant securing a court order for protection).
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Indiana, your landlord must give you “reasonable” notice to enter rental property (Ind. Code Ann. § 32-31-5-6). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Indiana law (Nylen v. Park Doral Apartments, 535 N.E.2d. 178 (Ind. Ct. App. 1989)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Indiana requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $6,000 in Indiana ($8,000 in Marion County).
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Illinois to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Illinois must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice to pay the rent or leave (735 Ill. Comp. Stat. § 5/9-209) before filing an eviction lawsuit. If you have engaged in unlawful use or sale of any controlled substance, your landlord may give you an unconditional quit notice, giving you five days to move out. (740 Ill. Comp. Stat. §40/11).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
State law (765 Ill. Comp. Stat. §750/15) provides early termination rights for tenants who are victims of domestic or sexual violence (or who face an imminent threat of such violence at the premises), provided that specified conditions are met (such as the tenant providing evidence, such as a police report.)
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. The problem must be truly serious, such as the lack of heat or other essential service.
Illinois does not specify the amount of notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Illinois law (735 Ill. Comp. Stat. § 5/9-213.1), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Illinois requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $10,000 in Illinois.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Georgia to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Georgia must follow specific procedures to end the tenancy. For example, your landlord must give you a demand for the rent (Georgia Code Ann. § § 44-7-50 and 44-7-52) before filing an eviction lawsuit.
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. The problem must be truly serious, such as the lack of heat or other essential service.
Georgia does not have a state law that covers the amount of notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
Landlords in most states (for example, Arizona) must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Unfortunately, landlords in Georgia (Peterson v. Midas Realty Corp., 287 S.E.2d 61 (Ga. Ct. App. 1981)) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $15,000 in Georgia.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Florida to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Florida must follow specific procedures to end the tenancy. For example, your landlord must give you three days’ notice to pay the rent or leave (Florida Stat. Ann. § 83-56(3)) before filing an eviction lawsuit. If you have repeatedly violated the lease within a 12-month period, your landlord may give you an unconditional quit notice, giving you seven days to move out. (Fla. Stat. Ann. § 83.56(2)(a)).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Florida law (Fla. Stat. Ann. § 83.60) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Florida, your landlord must give you 12 hours’ notice to enter rental property (Fla. Sta. Ann. § 83.53). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
Landlords in most states (for example, Arizona) must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Unfortunately, landlords in Florida (Fla. Stat. Ann. § 83.595) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. Landlords in Florida have the option of rerenting, standing by and doing nothing (in which case, the tenant remains liable for the rent as it becomes due), or invoking the right to liquidated damages, or early termination provision. The latter remedy is only available if the lease includes a liquidated damages clause, or in addition, that provides a maximum of two months' damages and requires tenants to give no more than 60 days' notice. The liquidated damages provision must substantially include specified language in Fl. Stat. Ann. § 83.595.
If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in Florida.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due is called breaking the lease. Here’s a brief review of tenant rights in District of Columbia to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in District of Columbia must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice to pay the rent or leave (District of Columbia Rev. Stat. § 33-1368) before filing an eviction lawsuit. If a court determines that an illegal act was performed within the rental unit, your landlord may give you an unconditional quit notice, giving you 30 days to move out. (District of Columbia Rev. Stat. § 42-3505.01).
As a tenant, you are legally bound to pay rent for the full lease term whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are important exceptions to the rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
The law in the District of Columbia (District of Columbia Rev. Stat. §§ 42-3505.07, 42-3505-08) provides early termination rights for tenants who are victims of an intrafamily domestic violence, provided specified conditions are met (such as the tenant filing a police report).
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you and relieved you of further responsibility for the rent. District of Columbia law (Javins v. First Nat’l Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970) sets specific requirements you must meet before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Absent an emergency or an agreement otherwise, your landlord must provide reasonable notice before entering your unit. "Reasonable notice" is generally considered at least 48 hours, and the entry must also be during reasonable daytime hours for a reasonable purpose. (District of Columbia Rev. Stat. § 42-3505.51) If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you could generally be considered “constructively evicted,” as described above and justified in breaking the lease without further rent obligation.
Landlords must make reasonable efforts to re-rent their units when tenants break leases, rather than sitting back and charging tenants the total remaining rent due. If you move before your lease ends, D.C. law requires your landlord to “mitigate damages” by trying to rent the property reasonably quickly and to keep losses to a minimum. (D.C. Code Ann. § 42-3505.52.) The key word is "reasonable," meaning your landlord is not required to accept risky replacement tenants or take extraordinary efforts to rent the unit.
If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord quickly replaces you and doesn’t charge for the remaining time on your lease. Give your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
But keep in mind that if the landlord doesn’t agree to let you off the hook and can't find a suitable replacement tenant, you may be liable for paying rent for the remainder of your lease. This could be a substantial amount if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in the District of Columbia.
If you want to leave early without legal justification, there are better options than suddenly moving out and hoping your landlord quickly finds a new tenant. Instead, provide as much notice as possible and write a sincere letter to your landlord explaining why you need to leave early. Ideally, offer a qualified replacement tenant with good credit and excellent references to sign a new lease with your landlord. Taking these steps may limit the amount of money you need to pay your landlord—and help ensure a good reference when you’re looking for your next place to live.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Connecticut to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Connecticut must follow specific procedures to end the tenancy. For example, your landlord must give you nine days’ notice to pay the rent or leave (Connecticut Gen. Stat. § § 47a-23, 47a-15a) before filing an eviction lawsuit. If you have violated your rental agreement, your landlord may give you an unconditional quit notice, giving you three days to move out. (Conn. Gen. Stat. Ann. § § 47a-23, 47a-15, 47a-15a).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
State law (Conn. Gen. Stat. Ann § 47a-11e) provides early termination rights for a tenant (or a tenant's child) who is a victim of domestic violence (or who fears imminent harm), given that specified conditions are met (such as the tenant providing a copy of a police report).
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Connecticut law (Conn. Gen. Stat. Ann. § 47a-13 to -14h) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Under state law in Connecticut, your landlord must give you “reasonable” notice to enter rental property (Conn. Gen. Stat. Ann. § §47a-16 to 47a-16a). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Connecticut law (Conn. Gen. Stat. Ann. § 47a-11a), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Connecticut requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in Connecticut.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>You can always amend a residential lease if both landlord and tenant agree to the new terms. As the novel coronavirus sweeps the country, making it difficult for laid-off tenants to pay the rent, landlords and tenants are facing tough questions: Should the landlord forgive or postpone the rent because tenants can’t work and cannot afford to pay? How should landlords handle local or statewide moratoria on evictions for nonpayment? What other terms in the lease, such as restrictions on adding occupants, should be addressed?
Because each lease situation is unique, we can’t offer a finished set of amendments. But by using this Nolo form and considering these instructions, you can systematically go through your lease, consider possible changes, and record the ones you choose on this form.
Importantly, because the form will become part of your lease, any terms or conditions that you do not change will remain intact. In other words, you’ll be spared the hassle of an argument that additional clauses were changed or new ones added. Having your agreed-upon changes in writing and firmly attached to your lease should forestall such future complications.
Here is a short list of lease clauses that you might want to consider changing. In each clause, be sure to specify how long the amended version will last.
Decreasing the rent or postponing it all together is the most common change that landlords and tenants will make (but see the sidebar below, “Eviction Moratoriums”). Be sure to describe:
Landlords might want to condition the rent reduction or postponement on the continued inability of the tenants to pay the rent. For example, the agreement could state that if tenants’ financial conditions change—if they receive money from a government entity, charity, or any other source during the deferral period—the tenants will pay all of those sums towards the back rent. If you are subject to an eviction moratorium, such a condition might not be allowable. At the least, however, you can probably require tenants to notify you if they go back to work, and the amendment contains this provision.
Sample Rent Postponement Clauses |
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Installment Payments Clause X, Rent. Tenant’s rent for May 2020 is due on May 1 and is $1,500. Tenant agrees to pay the May rent as follows: First Payment. $500 on the date that is no earlier than 360 calendar days after the expiration of any local or state coronavirus-related declaration of emergency is lifted. Second Payment. $500 on or before 30 days after the date that has been calculated for the First Payment. Third Payment. $500 on or before the date that has been calculated for the Second Payment. Balloon Payment Clause X, Rent. Tenant’s rent for May 2020 is due on April 1 and is $1,500. Tenant agrees to pay the May rent as follows: $1,500 on or before no earlier than 360 days after the expiration of any local or state coronavirus-related state of emergency. |
Amending the Premises Clause
If you have smaller units available that rent for less, you might consider allowing the tenant to move into one of them. Adjust the description of the premises accordingly. You’ll need to heed state security deposit legal limits: If the tenant is paying a lower rent, be sure to adjust the security deposit, too (apply the balance to any unpaid rent).
In order to care for school-age children who are home, to care for an ill family member or friend, to offer housing to someone who must move because of an ill roommate, or because that person has had to leave a rental because of nonpayment , tenants might want to add residents. However, you do not want temporary residents to gain the status of full-fledged tenants. For this reason, if your lease has a clause that addresses limits on guests, you should describe them there (see below). If you do not have a specific guest clause, you can write one on the amendment, as explained below. In short, leave the “names of tenants” clause alone.
Normally, landlords dip into the deposit to cover unpaid rent. You might want to do so for the first or second month of unpaid rent, but you don’t have to. Understand that if you deplete the deposit to cover unpaid rent, you won’t have it available to cover unpaid rent or damage when the tenant leaves.
If you decide to use the deposit now, you could explain that the tenant must replenish the deposit at the same time the back rent is paid, like this: “Clause X, Security Deposit. Landlord will use Tenant’s security deposit ($2,000) to cover the rent for May. Tenant agrees to replenish the deposit in full by June 15, 2020.” Be advised that a state or local eviction moratorium might prevent evictions based on the tenant’s inability to replenish the security deposit—be sure to check.
Most landlords will forgo these charges in this time of coronavirus-related rent nonpayment. Your amendment might say, “Clause X Late Charges. Landlord will not impose late rent charges until six months after the state of emergency has been lifted by [the governor].” If you do not waive late charges, and the tenant fails to pay them, check any applicable state or local eviction moratorium—you might not be able to terminate and evict on account of the tenant’s nonpayment.
This clause limits the tenant’s ability to sublet (turn over the space, or part of it, to someone else temporarily) or assign (give the space to someone else permanently). Leave these restrictions in place. Address any temporary residents in the “guests” clause, as shown below.
Your tenant might ask you to accommodate not only a temporary extra resident, but that person’s pet, too. If your lease prohibits pets, or allows only a specified pet, you’ll need to address this request.
If you can allow the pet (which might not be possible when a multi-tenant building is pet-free), specify in your amendment the name and type of pet, and explain that you’re allowing its presence only for as long as its temporary owner lives as a guest on the premises. Your amendment could look like this: “Clause X, Pets. Tenant’s guest may bring his dog, a 4-year old neutered Golden Retriever named Max, but only if Guest abides by the pet rules contained in the House Rules, a copy of which is attached to Tenant’s lease. Landlord reserves the right to revoke this permission at any time.”
Keep in mind that if the animal is a service or comfort animal owned by a person with a disability, you won’t be able to say no to the animal’s presence unless you can show that having it on the property would pose a safety or health threat to other tenants or employees.
Tenants might ask to bring in additional occupants, in order for that person to care for someone who is ill or take care of children. Perhaps the proposed occupant has lost housing as a result of a job loss or income reduction, or has to move so that an ill housemate can self-isolate. While you will surely be sympathetic, you might also be concerned about having the newcomer (whom you haven’t screened) gaining the status of a tenant.
You can accommodate your tenant’s wishes and still protect your right to screen tenants. If your lease has a guest clause, you can amend it (if the lease lacks one, you can add one now). The amendment or new clause should name the new person or persons, specifically described as a temporary guest, and place a limit on that person’s right to live there. Your amendment or new clause might read something like this: “Clause X, Limits on Guest Stays. Landlord agrees to allow John Jones to stay on the premises as a guest for up to two weeks after the governor has declared an end to the coronavirus-related state of emergency.” To make it very clear that John Jones is not going to become a tenant, your amendment will print with a signature line for a guest, in which John Jones acknowledges his status as a guest, not a tenant.
If your original lease has a cosigner, you'll need to ask the cosigner to sign the amendment as well. Otherwise, the cosigner will not be bound by its terms, and might not even be bound by original clauses you did not change. In other words, the amendment might effectively remove the cosigner entirely, so be sure to get a signature.
If you want to add a cosigner, you can do so now. The new cosigner will become bound by both the original lease terms and the amendments.
Be sure to have all parties sign the amendment, including any cosigners who signed the original lease or who are being added now; the tenants; and any temporary guests. Give a copy to everyone who signed, and attach the amendment to the underlying lease.
If necessary, you can always make additional amendments to address changing conditions.
]]>I need to break my lease: I have ten months left on my 13-month lease and I want to move to another town. I don't want to sublease to anyone because then I would have to worry about whether they will make the rent—if they don't, I think I’d be still be responsible for making the payments. Isn't there some arrangement where I can pass all financial responsibility to a new tenant and be free of the lease?
Under a typical lease assignment, you transfer all of your space to someone else for the entire remaining term of the lease, and the new tenant pays rent directly to the landlord. If the new tenant fails to pay rent or damages the rental, your landlord could look to you for compensation. So, although you might be able to assign your lease, you’d still be on the hook for any unpaid rent—unless you get your landlord to expressly relieve you of that responsibility.
Have a conversation with your landlord about allowing you to assign your lease to a new tenant. Your landlord is more likely to allow this arrangement if you have a highly qualified, financially-secure replacement tenant already in mind. Once your landlord has agreed to allow a full assignment, you'll need to secure what the law so often requires: a piece of paper. The one you're after is a Consent to Assignment of Lease.
This Consent need not contain any pseudo-legalese. It can be as informal as a note, but, at a minimum, it should identify the landlord, the current tenant (you) and the assignee. It should also include the address of the leased premises, the term of the lease you wish to assign, and a statement that your responsibilities to pay future rent and damages end, and that you give up your right to occupy the place. All parties to the agreement—the landlord, the assignee, and you—must sign the Consent.
All this would happen in an ideal world. But don't be surprised if your real life landlord refuses to put his or her name on the dotted line. Why? Your landlord likely doesn’t want to lose you as a guarantor of rent for the next ten months.
]]>I'm subletting an apartment. I smoke, and I often have friends over who smoke, too. I just received notice that the owner wants to evict me for smoking—but the tenant whom I rent from never mentioned it wasn’t allowed. I checked the tenant’s lease and my sublease agreement, and neither has a no-smoking rule. I pay rent on time. What are my rights?
Landlords have the right to prohibit or restrict smoking in their rental properties. Most of the time, a no-smoking policy is part of the lease or rental agreement. When tenants (or subtenants) sign a lease or rental agreement, they agree to be bound by its terms. Tenants or subtenants who violate their lease or rental agreement risk early termination of their tenancy or even eviction.
However, landlords cannot create new rules mid-tenancy unless the tenant agrees to the change in writing. A landlord cannot add a new policy into a fixed-term lease before the lease expires. When a month-to-month rental agreement is in place, a landlord can only make a change after giving the tenant proper notice (30 days before the new policy begins in most states) in writing.
Because you’re a subtenant of a tenant with a lease, you must abide by the terms and conditions of the tenant's lease—as well as the terms of your sublease agreement. For example, a no-pets clause in the tenant’s lease also applies to you. Likewise, the rule that landlords can’t change the rules mid-lease apply to you—meaning the landlord can’t insist that you stop smoking, because the tenant’s lease doesn’t have an anti-smoking clause.
However, the lease isn’t the only agreement you must abide by. The tenant from whom you rent could change the month-to-month sublease agreement to add a no-smoking rule. So long as the tenant follows all the applicable laws regarding changes to rental agreements, you’ll have whatever amount of notice time your state requires begin (again, usually 30 days) to decide if you want to move out or comply with the new rule.
In the meantime, you could send the landlord a letter explaining that because neither the lease nor the sublease agreement contains a no-smoking policy, your smoking is not grounds for early termination or eviction. Send the letter by certified mail so you have proof the landlord received it, and keep a copy of the letter for yourself. If the landlord proceeds with eviction anyway, consider consulting a local landlord-tenant attorney for further advice.
]]>I'm renting a townhouse with a lease that expires in a few months. However, it looks as if a good job in another state may be available immediately. I heard that I can break a lease if I'm switching jobs. Is this true?
Many tenants are under the impression that a job offer constitutes a legal reason to break a lease. Except for a very few situations, the laws on leases are simply not that flexible. A few states have statutes allowing tenants to get out of leases if they're in the military and have received orders posting them more than a certain number of miles away. Under federal law, any serviceperson entering active duty can cancel a lease. And a few states allow elderly tenants to get out of a lease if they're accepted to an assisted-care facility. But that is it.
However, all is not lost for you. When a tenant breaks a lease, most states require the landlord to take reasonable steps to rerent the unit and credit the new rent toward the remainder on the lease. This is known as mitigating the damages -- and it means that the departed tenant will be liable only for the months the unit was vacant. In a tight housing market, this liability should be no more than a month or so. If there are lots of vacancy signs, however, or if your rent was high, it may be harder for the landlord to rerent -- and you may be on the hook for a greater number of months.
If your landlord stands firm but foolish and takes no steps to rerent and then attempts to collect the balance of the rent in a lawsuit, the judge hearing the case will determine when the unit would have been rented had the landlord acted properly and advertised for a new tenant. You'll end up responsible for the months between your departure and that date only. Again, if the housing market is tight, you will have less to lose.
Since you know that you need to leave town early, you have an advantage over tenants who leave on the spur of the moment. Approach the landlord now and explain that you will need to leave early. The landlord might simply say "Okay" and let you out of the lease. At second best, your landlord may be willing to begin advertising your townhome now, before your intended departure. Be accommodating in allowing prospective tenants in to see the place. If someone is available to move in shortly after you leave, you will not be liable for much, if any, rent.
Another tactic is to find a new tenant yourself. A landlord would be hard-pressed or foolhardy to turn away a willing prospect who has all the credit and background plusses that you had.
If all these steps fail, recall that the landlord still must take steps to rerent after you leave. Make sure he or she does so. Ask a friend who lives nearby to monitor the ads and check the signs on the property; ask a neighbor to let you know if the unit is shown to any prospects. Your landlord will not be able to claim reasonable efforts were made to rerent if the classifieds make no mention of your place or if other units in the building get rented, but not yours.
One final thought: Ask your new employer for some help in getting out of your lease. If you are a valued new hire, you may get some assistance -- much the same as for other moving expenses. It is not too cheeky to ask for some money that you can offer your landlord as a buyout from your lease. A smart landlord will jump at this quick and painless way to cover the costs of having to find a new tenant early. Be sure to get a written termination of the lease if you go this route.
by: Marcia Stewart
Despite sky-high rent, I picked my apartment complex because it seemed like a clean and quiet environment. After two weeks of living here I realized what a total zoo I moved into: I have a neighbor above me who constantly fights with her roommate, and dogs bark on almost every balcony at every hour of the day and night. I complained, and the property manager said I could move into a different apartment in another building, but would have to pay for the cleaning of the apartment I’m currently in. I’ve only been in the unit for about three weeks, so I don’t see why I should have to pay to clean it.
I want to break the lease but am afraid I won't get my security deposit back, even if I give written notice. The manager also told me that they always charge tenants for cleaning the apartment at move-out—he says that’s legal here in California. Is this true? What are my options?
Tenants have the right of quiet enjoyment of their home. This means that landlords can’t disturb tenants’ peaceful and reasonable use of their rental. If another tenant is violating your right to quiet enjoyment, your landlord must take reasonable measures to remedy the situation. Because what’s disturbing to one tenant might be pleasant to another (for example, the sound of a passing train in the night), courts apply a reasonableness test to determine if something rises to the level warranting action: Would the disturbance prevent a reasonable person in a similar situation from the quiet enjoyment of their rental?
Shouting neighbors and barking dogs might qualify as a breach of your right to quiet enjoyment. Your remedy depends on the law where you live. Many state and local laws allow tenants in similar situations to withhold rent or move out without obligation to pay the remaining rent due under the lease.
In California, when a landlord breaches the right of quiet enjoyment, tenants can move out and not have to pay any further rent. (And the landlord can’t keep your security deposit to cover any of that rent, either.) Alternatively, they can stay in the rental and sue the landlord for money damages and possibly injunctive relief (an order from the court that the landlord must do something to fix the problem).
Before you take action, try to collect evidence of the noise and disruption. You’ll need this in the event your landlord keeps your security deposit when you move out or sues you for breaking your lease. If you can locate any quiet and non-barking neighbors, ask them to listen to the racket and give you signed descriptions of what they hear; see if they will come to court to back you up. Get any other unbiased witnesses you can bring over to do the same. Put your complaints in writing to the landlord. Record the racket, and keep a log of the times and types of noise you are hearing. In short, get ready to show a judge as much proof as possible that the place was a zoo, and no reasonable person should have been expected to put up with it. Consider consulting a local landlord-tenant attorney if your landlord sues, or make an appointment with a lawyer just to talk about how to best deal with your landlord.
As far as the nonrefundable cleaning fee is concerned, in California (and many other states) state security deposit laws prohibit landlords from collecting a fee at the beginning of the tenancy and calling it a nonrefundable cleaning fee. In these states, your landlord may charge for cleaning (by deducting from your security deposit) at the end of the tenancy only if the unit is left in a condition worse than when you moved in—minus normal wear and tear. The landlord must give an accounting of how the money was used, and return to you any unused funds. Your landlord's policy of charging for cleaning regardless of the unit’s actual condition is illegal.
]]>Landlords must include the following language in every lease and rental agreement: "Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides." (Cal. Civ. Code § 2079.10a.)
Prior to signing a lease or rental agreement, landlords must disclose whether gas or electric service to tenant's unit also serves other areas, and must disclose the manner by which costs will be fairly allocated. (Cal. Civ. Code § 1940.9.)
Prior to signing a lease or rental agreement, landlords must disclose known locations of former federal or state ordnance in the neighborhood (within one mile of the rental property). (Cal. Civ. Code § 1940.7.)
Landlords who know (or have reason to know) that mold in the rental exceeds permissible exposure limits or poses a health threat, must provide prospective and current tenants with a written disclosure of the same. Landlords must make the disclosure to prospective tenants before they enter into the lease or rental agreement. (Cal. Health & Safety Code § 26147.)
Landlords must also distribute to prospective tenants (before they enter into the lease or rental agreement) a consumer handbook, developed by the State Department of Health Services, describing the potential health risks from mold. (Cal. Health & Safety Code § 26148.)
Landlords who’ve hired a periodic pest control service for the rental unit must provide each new tenant with a copy of a notice from the pest control company. The notice must describe in clear language:
“State law requires that you be given the following information: CAUTION-PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the state finds that, based on existing scientific evidence, there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
“If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center (telephone number) and your pest control company immediately.” (This statement shall be modified to include any other symptoms of overexposure which are not typical of influenza.)
“For further information, contact any of the following: Your Pest Control Company (telephone number); for Health Questions-the County Health Department (telephone number); for Application Information-the County Agricultural Commissioner (telephone number), and for Regulatory Information-the Structural Pest Control Board (telephone number and address).”
and
(Cal. Civ. Code § 1940.8; Cal. Bus. & Prof. Code § 8538.)
Landlords or their agents who have applied for a permit to demolish a rental unit must give written notice of this fact to prospective tenants, before accepting any deposits or screening fees. (Cal. Civ. Code § 1940.6.)
For leases and rental agreements signed after January 1, 2012: If the landlord prohibits or limits the smoking of tobacco products on the rental property, the lease or rental agreement must include a clause describing the areas where smoking is limited or prohibited (does not apply if the tenant has previously occupied the dwelling unit).
For leases and rental agreements signed before January 1, 2012: A newly adopted policy limiting or prohibiting smoking is a change in the terms of the tenancy and requires adequate notice in writing (will not apply to lease holding tenants until they renew their leases; tenants renting month-to-month must be given 30 days' written notice).
Landlords must still follow any local ordinances prohibiting smoking in effect on or before January 1, 2012. (Cal. Civ. Code § 1947.5.)
In leases or rental agreements signed after July 1, 2018, landlord must disclose, in at least eight-point type, that the property is in a special flood hazard area or an area of potential flooding if the landlord has actual knowledge of this fact. Actual knowledge includes receipt from a public agency so identifying the property; the fact that the owner carries flood insurance; or that the property is in an area in which the owner's mortgage holder requires the owner to carry flood insurance. Disclosure must advise tenant that additional information can be found at the Office of Emergency Services' website, and must include the Internet address for the MYHazards tool maintained by the Office. Disclosure must advise tenant that owner's insurance will not cover loss to tenant's property, and must recommend that tenant consider purchasing renter's insurance that will cover loss due to fire, flood, or other risk of loss. Disclosure must note that the owner is not required to provide additional information. (Cal. Gov't. Code § 8589.45.)
Before signing a lease or rental agreement, landlords must give potential tenants information about bed bugs, including information about their behavior and biology, the importance of cooperation for prevention and treatment, and the importance of prompt written reporting of suspected infestations to the landlord. (Cal. Civ. Code § 1954.603.)
If a property has been contaminated and is subject to a remediation order, landlord must provide written notice of and a copy of the order to all prospective tenants who have submitted an application. The tenant has to acknowledge receipt of the notice in writing before signing a rental agreement, and the landlord must attach the notice to the rental agreement. If a landlord fails to provide this notice, the prospective tenant can void the rental agreement.
For the rental of mobile homes and manufactured homes, the landlord must notify prospective tenants, in writing, of all methamphetamine laboratory activities that have taken place in the mobile home or manufactured home, and any remediation of the home or vehicle, and the property can't be rented until the prospective tenant is provided with a copy of the order. If there is already a tenant, the landlord must attach the notice and order to the rental agreement. (Cal. Health & Safety Code § 25400.28.)
If an occupant died on the property within three years of the landlord's offer to rent, the landlord must disclose this fact. Landlords are not required to disclose that an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications. (Cal. Civ. Code § 1710.2.)
Nolo’s Laws and Legal Research section can help you find and read statutes and court decisions.
Check your local ordinances, particularly if your rental unit is covered by rent control, for any disclosure requirements. To find yours, check your city or county website (State and Local Government on the Net lists many), or contact the office of your mayor, city manager, or county administrator.
Finally, see the article Required Landlord Disclosures for details on federally required landlord disclosures and other rental property disclosures.
]]>So how can you or your landlord makes changes in the lease or rental agreement? The rules are different for leases and rental agreements. And if the proposed change is something you both agree to, there are yet different rules, as we’ll explain below.
If you rent month to month, chances are you’ll see at least one change during your time at this address: a rent hike. Your landlord may also decide on other changes, such as the amount of the security deposit or whether to allow pets. You, too, may be able to negotiate your way toward more favorable terms—like the parking spot you’ve wanted for months. How you or your landlord may accomplish these changes depends on whether you both agree to the change. Here’s how it works.
Since your rental agreement is a binding contract for its one-month life, neither you nor the landlord may unilaterally decide that there will be immediate changes, such as a rent hike or the removal of a guaranteed parking spot. If the landlord wants to impose these new understandings and you object, he’ll have to follow the notice rules, as explained below. And if you feel that you cannot continue living there unless the landlord makes changes in your favor, you too will need to follow the notice rules that will allow you to leave if the landlord won’t play ball.
However, there is nothing to stop you and the landlord from agreeing at any time to any changes the two of you both wish. To make immediate changes in a rental agreement, simply write the changes into the original document and make sure both of you sign and date the change. Or if the rental agreement is saved in electronic format, the landlord can simply enter the changes into the electronic document and print out a new agreement, ready for signatures.
Landlords and tenants sometimes agree on rental agreement changes, but it’s more common for landlords to announce unwelcome news such as rent increases, a decrease in services, or a variation on a common area rule. Your landlord doesn’t need your consent when he announces a change in your rental agreement—but he doesn’t get to impose it immediately, either. All that’s required is that he give you the legal notice period: 30 days in most states.
Assuming you stay, you don’t have to redo the entire rental agreement. The landlord can cross out the old language, write in the new, and initial and date the changes (he’ll probably ask you to initial it, too). Or, he may add an addendum page. If the change is significant and the landlord has the agreement on a computer, he may choose to print out a new agreement, incorporating the change.
What can you do if you don’t like the landlord’s proposed change? If you can’t talk him out of it, you can walk. Remember, though, you’ll still need to give legal notice to end your tenancy, which is usually the same length of time as the notice period to change its terms (30 days, typically). If you give notice of your intention to leave on the same day you get notice about the landlord’s change, you’ll be legally free to leave before the change takes effect. However, if you wait a period of time before giving notice, the changes will take effect before your obligations as a tenant end.
Tenants, too, can propose changes in a rental agreement, such as asking for permission to bring in an additional roommate. If the landlord agrees, great—it's as if the landlord proposed the change (as discussed above). In most situations, however, tenants have very little bargaining power if the landlord balks. Your best ally when pressing for better terms is your track record as a stable, good tenant. If the landlord is smart, he’ll take steps to retain you as a tenant by keeping you happy. If you don’t prevail and it’s an all-important issue, your only alternative is to give your own termination notice, as explained below.
One of the advantages of having a lease is knowing that its terms are set until it runs out. But there are ways to modify leases, as explained below.
The two of you are free to change the terms of your lease at any time if you both want to. Follow the instructions for making changes in rental agreements, above.
Knowing that leases can’t be changed except by mutual consent makes some landlords nervous. Predictably, they want to be able to raise the rent midlease, or they anticipate that they may want to make other changes (such as decreasing services) that they aren’t intent on imposing at the start of the tenancy.
Landlords give themselves some flexibility by writing the change into the lease itself. You can think of it as a kind of option—to the landlord’s benefit! For example, you may see a clause that specifies that the landlord “reserves the right to increase the rent by $50 at the end of six months.” As long as the proposed change is certain as to time and amount (or other specific factors), you’ll be bound by it if the landlord decides to impose it.
Watch out, however, for open-ended change rights, such as a clause giving the landlord the right to “raise the rent at any time.” A court would probably not enforce a lease clause that is so vague. If you encounter a landlord who presents you with such a slippery clause, think carefully about doing business with him.
Also, watch out for lease clauses that give landlords the right to make insubstantial changes during your lease. Some states, as well, have statutes giving landlords the right to make small changes midlease. Naturally, there is often great debate over the meaning of an “insignificant” change. There will be little argument about truly minor changes (keeping the pool open an hour less on weekdays, for example) or obviously major ones (an increase in rent), but the situations that fall into the middle will invariably cause trouble. As a rule of thumb, if an issue is important enough to be included in a written lease in the first place (such as the provision of a parking spot), it’s hard to imagine how it could also be classed as “insubstantial.”
Just as the landlord can’t tinker with the lease terms while the lease is still in effect, neither can you. The landlord is entitled to hold you to your bargain, just as you can with respect to him. This doesn’t mean, however, that you can’t try some creative negotiating. To convince your landlord to change the terms of a rental agreement or a lease midterm, show him that the change is one or more of the following:
All states allow landlords to collect a security deposit when tenants move in, and hold it until the tenants leave. The general purpose of the deposit is to ensure that a landlord has money for repairing damage caused by tenants and covering unpaid rent. States often regulate security deposits: For example, many states have laws limiting security deposit amounts and imposing deadlines for returning security deposits. Some states also dictate how landlords can use security deposits.
In some states, such as California, landlords may not charge more than a specified amount (such as one or two months’ rent) as a deposit. When a landlord collects more than one type of deposit, such as a security deposit and a separate pet deposit, the total of the deposits cannot exceed the state limit—regardless of what the landlord calls the various deposits (pet fee, cleaning fee, or whatever).
A few states specifically allow landlords to charge an additional pet deposit (usually capped at a certain amount) to cover any damage caused by the pet. Depending on the state, these deposits might truly be deposits, because landlords must refund whatever amount they don’t apply toward repairs. Otherwise, the money collected is a non-refundable pet fee.
In all states, it is illegal under federal law (the Fair Housing Act and Fair Housing Amendments Act, among others) to charge tenants with disabilities a pet deposit or pet fee for service or emotional support animals.
Pet deposits aren’t always the best option for landlords: When landlords collect pet deposits, state laws sometimes prohibit them from using the security deposit for repairing pet-related damages. For example, if replacing dog-urine-stained carpeting throughout the apartment costs $1500, but the landlord collected only $200 as a designated pet deposit, the landlord probably can’t dip into the security deposit to cover the remaining $1300. The opposite might also be true: When tenants trash an apartment, the landlord cannot use any of the pet deposit to clean up after the tenant. For example, if a tenant’s dog is well-behaved, but the tenant trashes the apartment to the tune of $1500 in repairs, the landlord can’t use any of the $150 pet deposit to clean up after the tenant.
Landlords who are concerned about pet damage are usually better off charging a higher rent (if not prohibited by rent control or stabilization) or requiring a higher security deposit. Before deciding to collect a higher security deposit, though, landlords should make sure that they don’t exceed any state law limits on security deposits. A local landlord-tenant attorney can help landlords determine how to legally collect enough of a deposit or fee to cover any pet-damage expenses.
]]>Try to work out a written agreement with your landlord that cancels the lease and allows you to leave early. You might need to sweeten the deal: Offering to pay the landlord a certain amount (such as a half months' rent) in exchange for allowing you to break the lease often works. For example, if you want to leave three months before the end of your lease, you might offer to pay half a month’s extra rent if the landlord will sign an agreement releasing you from further responsibility under your lease.
If you're successful in getting your landlord's agreement to cancel your lease, get it in writing! Below is a sample agreement you can give to your landlord to sign. Edit it as needed (by adding, for example, the correct address, dates, payment amounts, and any other agreement) to cover your particular situation
Be sure to attach a copy of your current, fully signed lease. Once both you and your landlord have signed, keep a copy for your records. You'll want to keep a copy until your state's statute of limitations (the length of time someone has to sue after an alleged wrong occurs) for your landlord to sue you has run out—in some states, this can be as long as six years. If you have any question about how long to keep records about your rental, check your state's law or consult with a local landlord-tenant attorney.
As a practical matter, assistance dogs are normally so well trained and well behaved that a landlord has little reason to object to them. The law allows landlords to include reasonable regulations in the lease or rental agreement. The owners, like all dog owners, are liable for any damage the dogs cause.
Still, landlords sometimes try to impose a policy of keeping out all animals, even those specifically allowed by law. One company, which owned an apartment complex in Washington, DC, told prospective renters—who were actually testers from the Department of Justice—that no dogs, including guide dogs, were allowed. The company ended up paying $25,000 to compensate would-be tenants who had been discriminated against and another $20,000 in penalties to the government. (See United States v. Douglass Management, Inc., consent order, 2006.)
Most courts have ruled that dogs do not need to meet the strict definition of a “service animal” as defined by the Americans With Disabilities Act; the FHA uses a broader standard. That means that even a dog that isn't specifically trained to help its owner might be a necessary accommodation.
As one court put it: “There is a difference between not requiring the owner of a movie theater to allow a customer to bring her emotional support dog, which is not a service animal, into the theater to watch a two-hour movie, an ADA-type issue, on one hand, and permitting the provider of housing to refuse to allow a renter to keep such an animal in her apartment in order to provide emotional support to her and to assist her to cope with her depression, an FHA-type issue, on the other.” (See Fair Housing of the Dakotas, Inc. v. Goldmark Property Management, Inc., 778 F. Supp. 2d 1028 (D.N.D. 2011).)
People with disabilities who live in government-subsidized housing are allowed by law to have dogs, whether or not the dogs have any special training. HUD requires landlords to act in accordance with the federal Fair Housing Act and the Americans with Disabilities Act, both of which require landlords to provide reasonable accommodations to people who have service dogs.
If you want more information on the law, a good resource is Best Friends for Life, a booklet that explains the rights of people with disabilities (and others) to have animals in rental housing. It's available from the Doris Day Animal League and the Massachusetts Society for the Prevention of Cruelty to Animals.
]]>You can reduce the additional risks created by having pets on your property by creating smart pet policies, putting them into a "pet agreement," and including the agreement as part of your lease. (Your lease should refer to the pet rules and incorporate them as part of your lease.) This provides notice to tenants that their continued tenancy depends on honoring these rules.
Require that all tenants sign the pet agreement, even non-pet owners. That way, if a tenant gets a pet later, she already knows what the rules are and what is expected if she wants to stay in their apartment.
Here are some common provisions to consider including in your pet agreement.
Your pet agreement should specify which types of pets are allowed. Some landlords allow only common domesticated animals such as dogs, cats, birds, fish, guinea pigs, rabbits, hamsters, gerbils, and small reptiles. The agreement should also specify any limit to the number of pets allowed.
"Dangerous" dog breeds. Some landlords ban certain dog breeds that many people believe have a propensity toward violence, such as pit bulls and Rottweilers. Although the question of whether certain breeds are truly dangerous is a topic of controversy, landlords are legally entitled to ban these breeds from rental property. (Fair housing laws apply to human beings, not to dogs.) Before you allow such breeds, check with your insurer. Some companies won't issue liability policies if certain so-called "dangerous breeds" are kept on the property.
Click here to learn more about the landlord's liability for tenants' dogs.
Weight limits. Instead of, or in addition to, banning certain breeds, some landlords limit the weight of dogs. For example, a landlord might only allow dogs under 20 pounds.
Tenants' pets only. In your pet agreement, make it clear that you allow only tenants' pets. You don't want your tenants caring for other people's pets in their rental unit. Also specify whether you will allow guests to bring their pets with them while visiting tenants.
Learn more about pet policies and how to protect your rental property investment.
Require that tenants get your approval for any pet they wish to keep in their apartment. You may wish to forego this approval requirement for certain types of pets that you don't think will cause problems or trigger complaints, such as goldfish.
Before you approve a particular pet, ask questions. For example:
Finally, state that your approval is conditioned upon the tenants' continued compliance with the terms of your pet agreement. Make clear that you have the right to ask the tenant to remove the pet from your property or terminate the tenancy in the event of serious or repeated violations of the agreement.
Make sure tenants understand that all dogs and cats must wear identification collars or tags, which include proof of current vaccinations. Learn what your local ordinances require concerning regular cat and dog vaccinations and licenses, and insist that tenants give you current proof that they've complied (such as a copy of their municipal license receipt or the vet's bill).
Tenants should agree to keep their pets under control at all times, so that they don't disturb other tenants and their guests. Require tenants to clean up after their pets, both inside their apartment, and in all common areas and other parts of your property. Tenants should also agree not to leave pets outdoors or unsupervised in their apartment for an unreasonable period of time, and to keep pets in appropriate, contained areas within their apartment. For example, small reptiles such as lizards should be kept in terrariums and birds should be kept in cages.
To further reduce the risk that a tenant's pet will cause injuries to other tenants or their guests, consider requiring your tenants to carry renters' liability insurance (assuming your state and local law allow it). If you do require this insurance, be sure the policy covers damage caused by pet accidents and that it doesn't contain a dog bite exclusion or other such limitation.
Read more about dog owners' liability insurance here, including if your homeowners' insurance policy covers a dog bite.
Many landlords routinely impose a "pet fee," in addition to the normal security deposit, reasoning that pets typically cause added wear and tear to an apartment. Think carefully before implementing such a policy, for these reasons:
Finally, do not impose a pet deposit or fee for a tenant who keeps a service or companion animal. Such animals aren't pets -- they are animals needed to accommodate a disability.
From time to time, you may want to change your pet policy. For example, you may decide to no longer allow cats. So that you can easily make a change, state in your pet rules that you have the right to amend the rules by giving tenants reasonable notice (typically 30 days).
Consider a grandfather clause for pet policy changes. A "grandfather clause" exempts tenants already in the building from having to comply with the new rules for pets they already had before the changes took place. The rules would apply to any new pets they get. Without a grandfather clause, some tenants might have to get rid of a pet that no longer complies. This is certain to trigger considerable resistance.
Nolo leases and rental agreements include pet clauses, useful whether you allow or don’t allow pets. You’ll find copies, with complete instructions, in Every Landlord’s Legal Guide (or The California Landlord’s Law Book: Rights & Responsibilities). For single-copy forms, including state-specific leases and rental agreements, see the Leases & Rental Agreements section of Nolo’s website.
]]>One of the reasons landlords choose to offer month-to-month tenancies is the flexibility it gives them to end a tenancy on fairly short notice (in most areas).
In most places, a landlord doesn’t need to give a reason for ending a month-to-month tenancy. However, in states and cities with rent control, landlords might be prohibited from ending month-to-month tenancies without a legally recognized reason (“just cause”). If you live in an area with rent control, you’ll need to check the laws where you live to find out if your landlord needs to have just cause to end your tenancy.
In all areas, landlords can’t end a month-to-month tenancy without giving the tenant written notice. Most states require 30-day notices, but check your state law for the specific requirements. Unless the rental agreement specifies otherwise, you can give notice on any day of the month—you don’t have to wait until the beginning of a month. If notice is given midterm, then your tenancy will run out in the middle of the next month.
All states, and even some cities (typically those with rent control), have their own very detailed rules and procedures for how landlords must prepare and serve termination notices. For example, some states specify that the notice must be printed in a certain size or style of typeface or delivered a certain way. If your landlord doesn’t follow these procedures, the notice terminating your tenancy might be invalid. But once you point out the mistake, either informally or as a legal defense to an eviction lawsuit, your landlord will probably simply correct their mistake and do it right the next time.
If your landlord attempts to terminate your tenancy without giving proper notice, you could decide to stay, wait for the eviction lawsuit to be filed against you, and fight it with the defense that the notice was defective. You’ll probably win the eviction lawsuit if the notice truly is defective, but it might not be worth your efforts—the landlord can simply start the process all over again. Even if you win, the most you’ll gain is a few additional weeks at your rental. In the meantime, you’ll spend a lot of time (and possibly money) in court.
Most month-to-month renters find that it’s best to simply find a new place to live when they’re served with a termination notice. However, it might be possible to ask your landlord for a bit more time if you need it.
If you need a few extra days, or even a week or two before moving, ask the landlord to extend your tenancy. In exchange, promise to go quietly at the appointed time. From the landlord’s point of view, unless you’re a troublemaker or your landlord desperately needs the unit for some other reason, it’s far more efficient to strike a deal than go through the expense and hassle of going to court. Putting your offer in writing will assure the landlord of your good intentions—but make sure you’re truly ready to move out on the date you’ve offered in writing. If you don’t leave as promised, it will be devastating evidence against you in court if the landlord has to file an eviction to get you out.
A landlord who claims you’ve violated the rental agreement—such as by failing to pay the rent—can move quickly to terminate your tenancy and evict you. Notice periods for these situations are often much shorter, usually three to five days to pay up or move. And, sometimes, laws allow landlords to end a tenancy without giving the tenant a chance to fix (or “cure”) the problem. Instead, the tenant must move out by the deadline in the notice or face an eviction lawsuit.
It’s equally easy for tenants to get out of a month-to-month rental agreement. Just give the required amount of notice to your landlord. If you mail the notice, be sure to take into account the amount of time your notice will spend in transit. To be safe, assume that the time begins running when you mailed the notice—the landlord might be counting from the date of mailing, and might have already found a new tenant to move in immediately based on that date. Contact the landlord and make sure you both agree as to which day will be your last.
Usually you can send in your termination midterm, as can your landlord. But check your rental agreement—some landlords, anxious to avoid the hassles of being left with partial months, insist that notice be given on the day rent is due so that tenants move out at the end of a full rental period. This means that if rent is due on the first, but you decide on the second that you want to move, you’ll have to wait until the start of the next month before giving notice. In other words, if your rental agreement requires you to give notice on the first day of the month, and you give notice on any other day, in the eyes if the law it hasn’t been given until the first day of the next month, and your tenancy won’t end until one month after that.
Also, check to see if your rental agreement lengthens your notice period and shortens your landlord’s. Some rental agreements establish a notice period for tenants that is longer than the one specified by state law for terminating a tenancy. Or, a landlord might attempt to shorten their own notice period. Both moves are designed to give the landlord more flexibility and you less. In some states, putting these alternative dates in the rental agreement is legal—but in others, the practice isn’t allowed. Check your state statute and, if the issue isn’t addressed there, contact your state’s consumer protection agency. Valid or not, be advised that a landlord who expects tenants to be bound by short notice periods is probably one to avoid.
What happens if you give less than the required amount of notice? It’s simple: You can leave, but you pay rent for that period, anyway. For example, if you suddenly move out of a month-to-month unit where 30 days’ notice is required, the landlord will probably simply deduct from your security deposit the amount of rent you would have paid if you had delivered the required notice.
Notice is notice—there’s no retraction period. Once you have delivered your termination notice, that’s it. Your landlord is entitled to hold you to it and need not even listen to you as you attempt to explain why circumstances now make it impossible or unwise for you to move.
If you decide to stay put and hope that this business of moving will just blow over, think carefully. If your landlord has rented your place to someone else after you’ve given notice, but then you decide to stay on (“hold over”), there’s the problem of the tenant who expected to take your place. You can be liable to this tenant for their temporary housing costs incurred while the landlord evicts you, or while the disappointed tenant resumes their own housing search.
There’s more. If the disappointed tenant walks away in disgust, your landlord will have a pile of rental expenses occasioned by your expected departure (advertisements, applicant screening costs, time spent showing your unit) that now appear to be a waste of time and money. Your landlord will have an easy time deducting these expenses from your security deposit and then suing you in small claims court if you don’t replenish the deposit. In short, don’t announce that you’re leaving until you’re really sure.
If your landlord seriously violates the rental agreement or fails to fulfill their legal responsibilities—for example, by failing to correct serious health or safety problems—you might be able to move out legally without waiting for the clock to terminate your tenancy. You can leave with no written notice or by giving less notice than is otherwise required. Called a “constructive eviction,” this doctrine typically applies only when living conditions are intolerable—for example, if you’ve had no heat for an extended period in the winter.
The conditions that will justify a constructive eviction vary slightly under the laws of different states. Generally, if the landlord is on notice that a rental unit has serious habitability problems for an extended time, you’re entitled to move out on short notice or, in extreme cases, without giving notice.
]]>Both federal and California state laws define “reasonable accommodation.” Landlords in California must follow both state and federal fair housing laws.
The federal Fair Housing Act requires that landlords accommodate the needs of tenants with disabilities, at the landlord’s expense. This means that the landlord must adjust their rules, procedures, or services in order to give the person with a disability an equal opportunity to use and enjoy a rental unit or a common space. (42 U.S.C. § 3604(f)(B).)
California’s reasonable accommodation law is very similar to federal law. Under California law, a “reasonable accommodation” is an exception, change, or adjustment in rules, policies, practices, or services that’s necessary for a person with a disability to have equal opportunity to use and enjoy a rental. (Cal. Code Regs., tit. 2, § 12176(a) (2023).)
Neither federal nor California law requires landlords to bend every rule and change every procedure. Rather, landlords must accommodate reasonable requests—they don’t have to make changes that would seriously impair their ability to run their business or incur substantial costs.
Most of the time, waiving a “no-pets” or “no-animals” rule for the benefit of a person with disabilities will be considered a reasonable accommodation under both federal and California law.
Many terms exist in popular culture to describe animals that might be kept by people with disabilities. For example, you might hear such an animal called an “assistance animal,” a “service animal,” a “psychiatric service animal,” an “emotional support animal,” a “comfort animal,” or a “support animal.”
California law simplifies all these terms under the umbrella term of “assistance animals,” then breaks “assistance animals” into two categories: service animals and support animals. Under California law, landlords must make reasonable accommodations for a tenant who has any form of assistance animal to help with the individual’s disability.
Service animals are animals that are specifically trained to perform a task or do work for the benefit of a person with a disability (regardless of whether the disability is physical or mental). California law doesn’t limit the type of animal that can qualify as a service animal, but the most common are dogs and miniature horses.
Specific examples of service animals include:
(Cal. Code Regs., tit. 2, §§ 12005; 12185 (2023).)
Support animals—including comfort animals and emotional support animals—are animals that people keep for emotional, cognitive, or similar support. In California, people with disabilities who have a support animal can request a reasonable accommodation related to their need to have the animal in their rental.
(Cal. Code Regs., tit. 2, §§ 12005; 12185 (2023).)
Landlords can deny a request to keep a service or support animal in California if granting the request would:
Also, landlords can deny a request if:
(Cal. Code Regs., tit. 2, §§ 12176; 12179 (2023).)
A landlord can’t reject an assistance animal because of breed, size, or weight. In other words, a determination that an assistance animal poses a direct threat or would cause substantial physical damage must be based on an individualized assessment that relies on objective evidence about the specific animal's actual conduct. The determination must not be made on mere speculation or fear about the types of harm or damage an animal could cause or because of evidence about harm or damage that other similar animals have caused. (Cal. Code Regs., tit. 2, § 12185 (2023).)
It’s not enough for a landlord to simply deny the accommodation for one of these reasons, though. If the request poses too great a burden, the landlord must engage with the tenant to try to identify, evaluate, and implement another solution. This doesn’t mean that the landlord and tenant must reach a compromise—instead, it means that they must interact and exchange information in good faith and make a reasonable attempt to work it out. What’s considered reasonable depends on the facts of each individual case. (Cal. Code Regs., tit. 2, § 12177 (2023).)
California landlords may not require applicants or residents to pay any pet fee, additional rent, or other additional fee—including additional security deposit or liability insurance—in connection with the assistance animal. (Cal. Code Regs., tit. 2, § 12185(d)(2) (2023).)
When the disability or need for reasonable accommodation is not obvious, a landlord may ask the person with a disability for documentation that they have a disability and a disability-related need for the service dog or support animal. This means that the only questions that California landlords can ask the individual are:
Landlords can’t ask the individual with the disability to have the animal perform the task. (Cal. Code Regs., tit. 2, § 12185 (2023).)
If the disability isn’t readily apparent, the landlord can request only information that:
The tenant must then provide the landlord with some form of credible information supporting the existence of the disability. It can be from the person themselves or a third party. The third party doesn’t have to be a health care provider; rather, it can be any reliable source who has personal knowledge of the individual’s need for a service or support animal. (Cal. Code Regs., tit. 2, § 12178 (2023).)
California law breaks out two main categories of disability:
(Cal. Code Regs., tit. 2, § 11065 (2023).)
Landlords must make reasonable accommodations for individuals with any disability that falls under these categories.
]]>In the residential context, an option to purchase is usually a part of a rent-to-own agreement, also called a lease-option. This involves a tenant entering into a standard lease or rental agreement, in addition to acquiring the option to purchase the rental property in the future. In this arrangement, a portion of the tenant’s monthly rent payments is applied toward the principle of the house. For more details, see the Nolo article, The Basics of Rent-To-Own Agreements.
An option to purchase can appear as a series of clauses in a lease or rental agreement or as a separate document. No matter the format, an option to purchase must: 1) state the option fee, 2) set the duration of the option period, 3) outline the price for which the tenant will purchase the property in the future, and 4) comply with local and state laws.
In order to be contractually enforceable, the option to purchase must be given in exchange for consideration, or value. While the value of an option contract cannot be nominal, there is no special floor or ceiling; it’s a matter of negotiation between landlord and tenant. Depending on factors such as the price of the home, the option fee can range from several hundreds to several thousands of dollars.
Option fees are typically nonrefundable. In other words, if the tenant decides not to exercise his or her option to purchase the house within the agreed-upon time frame, the tenant forfeits the option money. The option fee is also usually forfeited if the tenant defaults on the lease by failing to make timely and exact rent payments or by breaking a term of the lease (such as housing pets when pets are prohibited). Upon the purchase of the home, the landlord deducts the option fee from the principle of the house and the sale price is therefore deducted by the option fee.
An option-to-purchase contract must conspicuously state the duration of the option period. There is no correct or preferred unit of time and option periods can range from months to years. Typically, however, in the residential context, option periods range from one-to-five years.
Depending on the terms of the contract, the tenant may exercise the option to buy the house at any time during the set option period or at a date specified in the option-to-purchase agreement. If the tenant lets the period pass, the option expires and becomes null and void. In that situation, the tenant forfeits the option fee.
An option to purchase must address the price for which the tenant will buy the rental property in the future. Sometimes, the purchase price is a set price that is determined based on the current appraisal value of the house. This approach does not always make sense, however—the longer the option period, the higher the likelihood of fluctuating home values. So, when longer option periods are contracted for, landlords and tenants usually agree to re-evaluate the purchase price of the home periodically. Alternatively, the landlord and tenant may agree to determine the actual value of the house by appraising the house at the time the option is exercised. Ultimately, as long as both parties are in agreement as to how the value of the house is to be determined, the option contract is enforceable.
For general advice on determining the value of a house, see the Nolo article Home List Price: What Is a House Worth?
No matter how the value of the property is determined, it is likely going to be decreased by a percentage of monthly rent payments. This is so because in an option contract, an agreed-upon percentage of the monthly rent is typically placed in an escrow account. The landlord then either reserves the escrow funds and refunds the tenant upon purchase of the home, or simply applies a percentage of the rent payments toward the principle of the house. In this manner, the tenant builds equity in the house throughout the duration of the lease agreement. The tenant forfeits these payments if he or she does not purchase the property within the option period.
Some state laws specifically protect tenants from entering contracts they do not understand—for example, by requiring option contracts to contain conspicuous wording in specified font size, to inform tenants of the possibility of forfeiting the option fee. To be valid and enforceable, an option to purchase must comply with the nuances of state (and any local) laws that govern the transaction. Check with your state department of real estate to find any applicable laws that may apply to your option to purchase contract.
Typically, yes, it’s important to work with an experienced real estate lawyer. A lot is at stake financially for both landlord and tenant, and state and local laws (such as property disclosures), often come into play as with house purchase agreements. Some states require option contracts to be recorded in the courthouse in the manner of a deed transfer; the rationale behind this is to encumber the property and ensure that the landlord is unable to sell the rental property to a third party.
Nolo’s Lawyer Directory is a good place to start your search for an experienced real estate lawyer who can help a landlord draft a lease-option or option-to purchase agreement, or review one from the tenant’s point of view. Also, see the Nolo article Real Estate Attorneys and Home Purchases for advice on hiring and working with a real estate attorney.
The Tenants, Landlords, and Real Estate sections of Nolo.com hundreds of useful articles on legal and practical issues for tenants, landlords, homebuyers and sellers. Also, check out the Nolo store for useful books, forms, and software products.
]]>For some would-be-buyers, entering into a rent-to-own agreement might be the way to overcome some of these hurdles.
Rent-to-own agreements, also called “lease-to-own agreements” or “lease-options,” are rental leases that also give the tenant an option to purchase the rental property. Typically, single-family houses are the subjects of rent-to-own agreements, but they can also be used for other types of residential property, such as condos and duplexes.
A rent-to-own agreement can benefit both buyers and sellers. It provides a potential route to homeownership for tenants who might not easily qualify for a mortgage, and allows a landlord to secure a possible buyer without having to market the property and hire a real estate agent.
A rent-to-own agreement often consists of two agreements:
These may be incorporated into one document or prepared and signed as two separate documents.
In a rent-to-own agreement, the title to the house remains with the landlord until the tenant exercises the option and purchases the property. In other words, the starting point of this kind of an arrangement is a regular tenancy, not a house purchase transaction.
That means the underlying agreement in a rent-to-own arrangement is similar to a regular lease agreement between a landlord and a tenant: It will include terms such as the duration of the lease period and the repair and maintenance responsibilities of landlord and tenant.
Just as in a standard lease or rental agreement, the tenant with a rent-to-own arrangement has a duty to make timely and exact payments of rent. However, in a rent-to-own arrangement, rent payments are often set higher than they would have been had the transaction been a standard lease agreement. This is because an agreed-upon percentage of the monthly rent is typically placed into an escrow account, so that it builds up toward a down payment to be credited against the purchase amount.
It’s the landlord’s duty to set aside the agreed-upon percentage of rent. The landlord either reserves the escrow funds and refunds the tenant upon purchase of the home, or applies a percentage of the rent payments toward the principle of the house. In this manner, the tenant builds equity in the house throughout the duration of the lease agreement.
Unlike with a traditional lease, in which the landlord is typically responsible for making all repairs, rent-to-own tenants usually repair the rental property at their own expense.
Many landlords and tenants consider this a fair bargain since, presumably, the tenant will eventually own the home. The tenant has an incentive to keep it in good repair; and can also customize it to personal tastes, without worrying about the landlord objecting to purple walls, for example. The tenant could even put in higher-quality materials than the landlord is likely to spring for (though this is unlikely in a situation where the tenant is busily saving up to buy the entire house).
Every rent-to-own agreement is different, though, so be sure to read the terms of your specific agreement to see who is responsible for maintenance, repairs, and upgrades.
Until the tenant exercises the option and purchases the rental property, the premises are owned by the landlord. So, in addition to making repairs, the tenant must also comply with all other duties outlined in the lease.
This means that the tenant must not keep pets if the lease prohibits them, must not house unauthorized residents, must not engage in criminal activities, and must not do anything else that is forbidden by the lease.
If the tenant violates the lease, the option will become null and void. That means that the tenant will likely forfeit both the option fee and the percentage of the monthly rent payments, depending on the terms of the option-to-purchase agreement. Any repairs or improvements the tenant has made to the house will likely not be reimbursed by the landlord.
An option to purchase grants the tenant an option (right) to buy the rental property within a specified period of time in exchange for a fee (option fee). The fee can be:
Because so much is at stake for both landlord and tenant in this arrangement, it is crucial that the option to purchase covers all important terms and conditions, such as:
Even though the tenant might not go through with the purchase, it’s important to treat the agreement as if it will play out all the way through a completed purchase of the home. That means that the tenant should perform due diligence on the house in a manner similar to what they’d do if they were buying the house immediately.
Before signing a rent-to-own agreement, tenants should always:
In some states, landlords who lease a home with an option to purchase must also disclose important information about the condition of the property. Check your state laws on required real estate disclosures.
Because rent-to-own agreements are complex—after all, you’re signing a lease as well as a document that might lay out all the terms of a home purchase—it’s a good idea to have a local real estate attorney look over the agreement before signing.
Even a properly-constructed rent-to-own agreement can pose risks—and rewards—for both tenants and landlords. You’ll want to weigh the pros and cons before signing on the dotted line.
Under a rent-to-own agreement, the tenant isn’t legally obligated to purchase the house (but be sure that the contract you’re signing isn’t a lease-purchase agreement—one that requires you to purchase the property at the end of the lease term). This flexibility is often considered one of the best aspects of entering into a rent-to-own agreement. But there are risks that need to be weighed against that flexibility.
Pros | Cons |
Affords the opportunity to “try out” a home with a low commitment | Possible delay in signing a lease while doing due diligence on purchase option (such as getting an inspection and appraisal) |
Creates a forced down-savings plan | Might pay more monthly in rent than market rate |
Allows more time to improve credit to qualify for a mortgage | Locked-in purchase terms might end up being worse than market terms at the time the option must be exercised |
Leaves open the option of walking away if the tenant decides the house isn’t a good fit | Loss of the option fee and money paid in rent toward down payment if the option isn’t exercised OR if the tenant violates the lease |
Although a rent-to-own agreement can create a bit of uncertainty for a landlord, this concern is often outweighed by the fact that if the tenant decides not to exercise the option, the landlord can keep the money that the tenant has paid for the option.
Pros | Cons |
Brings in income in a slow sales market or buyer’s market | Locks the landlord into having tenants for the rental term |
Provides a reliable, long-term tenant | Prevents the landlord from putting the property on the market during the term of the agreement |
Removes many of the duties to repair the rental | Requires the landlord to apply money received towards down payment if the tenants decide to exercise the option |
Enables collection of a higher monthly rent/cash flow | Creates uncertainty for the landlord during the term of the agreement because what happens next is up to the tenant |
It’s often difficult for renters to find landlords who are offering a rent-to-own arrangement. Most landlords are in the business for the long-run, hoping to make money off of not only rents but also any appreciation on the real estate itself.
If you’re looking for a rent-to-own option, it’s best to contact a landlord directly and ask if the arrangement is possible. Also, if real estate sales are sluggish in your area, it might be worth contacting a local real estate agent and asking if they know of any landlords who haven’t been able to sell. Landlords whose properties are languishing on the market might be willing to entertain a rent-to-buy agreement.
Finally, check the internet for websites listing rent-to-own properties. For example, HomeFinder allows you to search for listings that are advertising as rent-to-own. Consider also reaching out to people selling for-sale-by-owner (without an agent), even if they’re not listing the property specifically as rent-to-own.
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