Ways to Get Out of a Fixed-Term Residential Lease

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    • Residential leases are usually set up for a fixed term, such as a year. During this time, you are legally obligated to follow the terms of the lease. However, unexpected situations can arise that may cause you to request an early termination of your rental agreement. Caution should be exercised in how you go about getting out of a fixed-term residential lease, as the consequences of simply walking away can be serious in a court of law.

    Read the Lease

    • Carefully review the terms of your lease. Bear in mind that you will be held accountable for whatever statements are made regarding early termination. It is common for rental contracts to include a section where this possibility is addressed. The lease will usually state that your security deposit will be nonrefundable in this situation. Other fees and provisions may apply. Carefully consider these terms before deciding to back out of your obligation.

    Communicate Your Reasons

    • Talking with the landlord is absolutely necessary when asking to get out of a lease. Perhaps you have been laid off, are suddenly disabled or have an unexpected personal situation that is forcing you to move away. If you have been a good tenant with timely rent payments and you've taken good care of the property, discussing your problem with your landlord may keep you both out of court. If your landlord lives out of town or your schedules do not allow for a conversation, write a friendly and concise letter regarding your request.

    Create an Addendum

    • An addendum is a signed agreement that is added to your previous contract. It is illegal to white-out or otherwise revise an already signed and active lease, but an addendum (see Resource) changes the terms of the original lease. Have your attorney review the proposed addendum before presenting a final copy to your landlord to sign. Include in writing whatever verbal agreements you and your landlord may have made concerning the early termination.

    Request Judicial Intervention

    • If your landlord won't allow you to get out of your lease early, you can bring your argument to court in hopes of being granted an order to end your lease. This takes time, however, and a judge will need to be convinced by your argument. You'll need to present proof of your circumstances and a compelling reason to grant your request. Serious consideration should be given before taking this route, as the court process alone could take as long as finishing out your lease. However, if you feel that it is impossible to stay and your landlord will not agree, court intervention may be your only option.

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