The only way to legally break the lease without penalties is if the apartment is deemed uninhabitable by the proper authorities.
The landlord does not have to let you out of the lease without it costing you $$$.
You have three choices in this situation:
1. Make it easy for the landlord.
Offer to pay to advertise the rental. Offer to have the rental in show worthy condition and allow showings as often as needed in order to get a replacement tenant. Offer to stay until the replacement tenant can move in. This way, the landlord suffers no loss of rent, you are not paying for a place in which you do not live and all you are out is the advertising costs. Your credit and rental histories will not be affected.
2. Play let's make a deal.
Negotiate a lease buyout with the landlord. Start by offering the amount equal to 2 months rent. The landlord may require another month. If you come to an agreement, get it in writing. This way your liabilities end with the lump sum payment. Your rental and credit histories will not be affected.
3. Just move out.
Move out without any agreement. The landlord can hold you liable for the rent until either the lease expires or a replacement tenant is found. The landlord can hold you liable for any costs he incurs due to your breach, such as advertising costs, agent fees, etc.
If you do not pay the amounts above, the landlord can sue you. The judgment will include not only the costs mentioned, but court costs and accrued interest until the judgment is paid.
Your rental and credit histories will be ruined. The judgment can be renewed for up to 20 years and the landlord can garnish wages or bank accounts, place liens on (future) personal property, etc.
Future landlords will deny renting to you due to the unpaid judgment. Many employers check credit, so you can be scrutinized for having the open judgment against you. Insurance companies and other creditors pull credit and adjust your rates dependant on your credit, so you will be paying higher rates for many years.
FYI on Subletting.
You cannot sublet unless the landlord gives you permission to do so.
Subletting can be a bad idea, because you are essentially the subtenants landlord and remain liable to your landlord for the entire lease term. If your subtenant fails to pay rent, damage the place or default in some other way, you are responsible to evict them. You are still responsible to pay your landlord any rent or damages owed. You then have to sue your subtenant to collect from them.
On the long run, this relationship will do you more harm than good. You need to let go of some of the things you love, just like your bf needs to get rid of drugs. What happens if one day he is high and SERIOUSLY hurts you. Never think that it's not his fault and that he'll eventually quit. He knows what he's doing and if he wanted to stop, he would try to change... Many drug addicts DO change, but he does not seem to want to. You need to do what is best for YOU. You need to do what will make you happy and what will get you somewhere in life. You need someone who supports you and does everything they can to do the best for you, not a lying drug addict who beats you. That's the most important part: he beats you, so that means that he is not interested in your well-being. If he does it now, he will do it the rest of your life. Good luck, I hope you make a good decision that makes you Happy!
NOPE - because she CAN'T - You cannot simply break a lease just because you want to move.
She has to either stay til the end of her lease or pay the penalties to break it.
NOTE: Breaking a lease is NEVER a good idea unless you absolutely have to because it will make it very hard to rent another place and it is very costly.
If your friend dont care about their credit - just disappear. I have done it before, but the problem is that if your friend decided to move in another apartment with the same ownership, they will not let your friends move in and will make you pay from the previous lease unless its a different property ownership.
You could see if they will let her sub-lease if she knows someone who is willing to take over. She would just have to really trust the person though because the landlord could come after her if the others don't pay. Good luck.
She needs to contact her apt. manager and see if they can find another tenant. If that works, she will probably have to pay any costs they have to find the tenant but she can be honorably released from the balance of her lease.
A manager is not under any obligation to do this so it will behoove her to be very congenial.
Answers & Comments
Verified answer
The only way to legally break the lease without penalties is if the apartment is deemed uninhabitable by the proper authorities.
The landlord does not have to let you out of the lease without it costing you $$$.
You have three choices in this situation:
1. Make it easy for the landlord.
Offer to pay to advertise the rental. Offer to have the rental in show worthy condition and allow showings as often as needed in order to get a replacement tenant. Offer to stay until the replacement tenant can move in. This way, the landlord suffers no loss of rent, you are not paying for a place in which you do not live and all you are out is the advertising costs. Your credit and rental histories will not be affected.
2. Play let's make a deal.
Negotiate a lease buyout with the landlord. Start by offering the amount equal to 2 months rent. The landlord may require another month. If you come to an agreement, get it in writing. This way your liabilities end with the lump sum payment. Your rental and credit histories will not be affected.
3. Just move out.
Move out without any agreement. The landlord can hold you liable for the rent until either the lease expires or a replacement tenant is found. The landlord can hold you liable for any costs he incurs due to your breach, such as advertising costs, agent fees, etc.
If you do not pay the amounts above, the landlord can sue you. The judgment will include not only the costs mentioned, but court costs and accrued interest until the judgment is paid.
Your rental and credit histories will be ruined. The judgment can be renewed for up to 20 years and the landlord can garnish wages or bank accounts, place liens on (future) personal property, etc.
Future landlords will deny renting to you due to the unpaid judgment. Many employers check credit, so you can be scrutinized for having the open judgment against you. Insurance companies and other creditors pull credit and adjust your rates dependant on your credit, so you will be paying higher rates for many years.
FYI on Subletting.
You cannot sublet unless the landlord gives you permission to do so.
Subletting can be a bad idea, because you are essentially the subtenants landlord and remain liable to your landlord for the entire lease term. If your subtenant fails to pay rent, damage the place or default in some other way, you are responsible to evict them. You are still responsible to pay your landlord any rent or damages owed. You then have to sue your subtenant to collect from them.
On the long run, this relationship will do you more harm than good. You need to let go of some of the things you love, just like your bf needs to get rid of drugs. What happens if one day he is high and SERIOUSLY hurts you. Never think that it's not his fault and that he'll eventually quit. He knows what he's doing and if he wanted to stop, he would try to change... Many drug addicts DO change, but he does not seem to want to. You need to do what is best for YOU. You need to do what will make you happy and what will get you somewhere in life. You need someone who supports you and does everything they can to do the best for you, not a lying drug addict who beats you. That's the most important part: he beats you, so that means that he is not interested in your well-being. If he does it now, he will do it the rest of your life. Good luck, I hope you make a good decision that makes you Happy!
NOPE - because she CAN'T - You cannot simply break a lease just because you want to move.
She has to either stay til the end of her lease or pay the penalties to break it.
NOTE: Breaking a lease is NEVER a good idea unless you absolutely have to because it will make it very hard to rent another place and it is very costly.
If your friend dont care about their credit - just disappear. I have done it before, but the problem is that if your friend decided to move in another apartment with the same ownership, they will not let your friends move in and will make you pay from the previous lease unless its a different property ownership.
Was that a easy answer?? :-)
You could see if they will let her sub-lease if she knows someone who is willing to take over. She would just have to really trust the person though because the landlord could come after her if the others don't pay. Good luck.
Her only real answer is to talk to the landlord. Likely she'll be charged apartment rent and costs for advertising the unit.
Have her talk to her landlord. Usually you can just pay a fee and get out of it. Or have her find someone to take over the rest of the lease for her.
She needs to contact her apt. manager and see if they can find another tenant. If that works, she will probably have to pay any costs they have to find the tenant but she can be honorably released from the balance of her lease.
A manager is not under any obligation to do this so it will behoove her to be very congenial.
easy way, buy out the lease. Give me my points.
nothing that won;t cost her a lot of money - that's why they have leases