Breaking an apartment lease

[pianogirlsuz]

Can someone please tell me how to get out of a lease before the term is up? My husband and I have signed a 1 year lease on a condo in Virginia and now realize that relocating is not in our best interest. A medical emergency has made it necessary to change our plans. What can we do? Our lease is not up until March, 2007?

[AshleyJordan]

It depends on the state/city laws, but I wouldn't worry about it, especially if it's an emergency-- it can be done, and if the market's tight, the landlord, board, whoever, will be happy to let you do it. I broke a rent-stabiliized lease in NYC, (unheard of, btw,) and said it was b.c of an emergency-- the landlady was sweet as can be, no problem, although technically I would've been liable for the next year and half of rent left on the lease. Just level with them, you should be fine. . . .Also, you may want to check, but if it's a true medical emergency that can be documented, you may be able to break the lease "legitimately" under those circumstances.

[ATLWill]

Can someone please tell me how to get out of a lease before the term is up?

1) Ask the landlord if they will let you out of the lease. Most won't do it, but if you pay them a fee (one month rent), they might let you off of the hook. It all depends on how easily they could rent the place to another tenant.

2) Sublet the apartment to another person. However, you are still liable for rent if the other person doesn't pay the landlord.

It depends on the state/city laws

Unless a state/city has a universal lease agreement that must be used by landlords, the landlord/tenant relationship is governed by contract law (i.e. the lease that you sign to rent the place).

Also, you may want to check, but if it's a true medical emergency that can be documented, you may be able to break the lease "legitimately" under those circumstances.

I have never seen a lease that allows a person to break a rental agreement based on illness. I have seen leases that allow people to break a lease, but it usually requires that you pay them a break fee (i.e. two months of rent).

[pianogirlsuz]

Thanks to all who responded. The medical emergency can be documented. We would gladly pay the landlord 2 or 3 months rent and give up our security deposit. We are working through a third party realtor and I wonder if they have even contacted the landlord and told her our situation. My husband is planning to contact a real estate lawyer for a consultation. Thanks again.

[ATLWill]

The medical emergency can be documented.

That is irrelevant. Review the lease. What does it say about breaking the lease agreement? You signed the agreement, and do did the landlord. That agreement contains the "terms of the deal", including what happens if you want to break the lease. It should be fairly straight forward......locate the clause which talks about breaking the lease.

We are working through a third party realtor and I wonder if they have even contacted the landlord and told her our situation.

Why would they? I am assuming that a real estate broker ("third party realtor") helped you find the place? Assuming that is the case, those people are most likely paid a "commission" for getting you to successfully sign a lease, which has already happened. They aren't going to help you get out of a lease. They won't get paid if you get out of the lease, and they have already done the leg work of finding you the place!

You need to communicate directly with the landlord, not the real estate broker.