Is there a list of states that allow lease breaks? (apartment complex, rental market)
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Back when I lived in Indiana and Illinois, if I signed a lease for an apartment there was no way to get out of it early by paying a penalty, unless I paid the entire remaining lease off entirely (not realistic).
In Texas, it's typically 60 days notice from the tenant along with a 1-2 month rent penalty, which is reasonable to me.
I just started thinking if I signed a lease for a place that cost $3k/month and I lost my job shortly after.. not exactly reasonable to pay $30k to terminate the lease for example and move out. There is unemployment and emergency savings, but my plan was always to get out of the lease and move in with a parent or friend until I find another role.
I did manage to negotiate such a lease break with my previous landlord in Chicago, but that was a one-off and probably not practical for most leases.
Do most states just not have such an option, or what?
I didn't realize this differed by state, figured it was just up to each individual landlord whether to allow it.
I've done it once, in Nevada. I don't remember if there was a fee, but I had to keep paying rent for the duration of my original lease term until they found someone else to move in (which, thankfully, happened within a month).
Is there a list of states that allow lease breaks?
In a sense, yeah ... NONE allow it.
What you're experiencing is the rise of Property Managers making "rules" that suit THEIR
preferences and business models. This means that when you use the term "Landlord" ...
you need to be careful you understand just how much of an a-hole PM is in the middle.
As to law... the term you need to look into is "mitigation" ... LINK
what responsibilities a LANDLORD has when a tenant leaves before the end of the term.
On that point ... used to be that a lease almost always end by rolling over into a M2M tenancy.
PM's absolutely HATE this as they can't CHARGE for signing a tenant to a (new) lease.
Most of the PM a-holery you'll experience stems from this sort of over-reach for income.
Last edited by MrRational; 01-12-2023 at 04:11 AM..
Here in Florida all the Laws favor the Landlords for the most part and it gets even worse if you are dealing with a Property manager who will Sue you for breaking a Lease.
Yes that’s called a month to month lease. You will often need to pay a little more for it. But if your lifestyle is somewhat precarious it’s worth it.
The last apartment I leased in Tucson, AZ had a clause in the lease that allowed me to vacate the apartment before the end of the 12 month lease if I gave 60 days notice and also paid a one month rent penalty. I actually ended up terminating the lease 4 months early - didn't like the apartment complex at all, too noisy. I kept the apartment sparkling clean and got my full security deposit back, and there was no hassle from the apartment management. Part of the reason is the apartment rental market in AZ is hot-hot, as in very high demand, so they knew they would find a new tenant soon. If it were a location where the rental market was weak, perhaps it would have been more of a hassle.
The point is, these things need to be spelled out crystal clear in the lease agreement and understood before you sign the lease!
Back when I lived in Indiana and Illinois, if I signed a lease for an apartment there was no way to get out of it early by paying a penalty, unless I paid the entire remaining lease off entirely (not realistic).
In Texas, it's typically 60 days notice from the tenant along with a 1-2 month rent penalty, which is reasonable to me.
I just started thinking if I signed a lease for a place that cost $3k/month and I lost my job shortly after.. not exactly reasonable to pay $30k to terminate the lease for example and move out. There is unemployment and emergency savings, but my plan was always to get out of the lease and move in with a parent or friend until I find another role.
I did manage to negotiate such a lease break with my previous landlord in Chicago, but that was a one-off and probably not practical for most leases.
Do most states just not have such an option, or what?
That has nothing to do with Texas law(or any other state law, most likely), and is just a clause in the lease, which is an enforceable contract between you and the landlord. Texas does require that the landlord mitigate the costs by attempting to find another tenant, but if your lease does not have a "get out" clause, you are liable for the entire lease duration.
In Texas, again, if your lease expires, you automatically go to a month to month lease, and can leave with 30 days notice.
Back when I lived in Indiana and Illinois, if I signed a lease for an apartment there was no way to get out of it early by paying a penalty, unless I paid the entire remaining lease off entirely (not realistic).
In Texas, it's typically 60 days notice from the tenant along with a 1-2 month rent penalty, which is reasonable to me.
I just started thinking if I signed a lease for a place that cost $3k/month and I lost my job shortly after.. not exactly reasonable to pay $30k to terminate the lease for example and move out. There is unemployment and emergency savings, but my plan was always to get out of the lease and move in with a parent or friend until I find another role.
I did manage to negotiate such a lease break with my previous landlord in Chicago, but that was a one-off and probably not practical for most leases.
Do most states just not have such an option, or what?
When I used to rent when I first moved to GA, there was an option to get out of my lease if I gave 60 days notice to vacate and forked over an early termination fee which equaled one month of rent. I don't know if there is a nationwide list for lease termination clauses but it would be beneficial to know if such a thing exists.
Thank you for sharing! I didn't feel like searching, lol.
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