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Apartment Law
Breaking an Apartment Lease

Your rental lease agreement is a binding legal contract between you and your landlord setting out a period of time in which you are to live in and pay for a piece of property. As with almost all contracts, not living up to your end of the bargain will have consequences. If you don't pay on time you'll be forced to leave early, and if you leave early you'll probably have to pay a penalty.

Breaking an apartment lease can lead to penalties like the forfeiture of last month's rent , your security deposit or both, depending on the terms of your lease. There is no law against breaking a lease on an apartment, but the text of the agreement may require you to pay a penalty if you leave early. There are a few instances in which you are legally allowed to break an apartment lease without paying any penalty regardless of the terms of your agreement: If your apartment was damaged beyond livability by a fire or natural disaster, if you're in the military and are being called into active duty, or, if you've fallen ill and need to move to an assisted living facility.

If you know how to get out of your apartment lease though, you should be able to minimize your financial loss or sometimes not suffer any at all. Always try to give your landlord at least a two-month notice before moving out— three months is definitely better. If you give the landlord enough time to find a new tenant, they must make an honest attempt to rent your apartment before you leave. It's in your best interest to be as helpful as possible in the search for a new tenant, either by helping the landlord show the place or even finding prospective renters yourself. Some landlords will obviously be more understanding than others, and having a good reason to leave is always best.


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Types of rentals include studio, 1-bedroom, 2-bedroom, 3-bedroom, and 4-bedroom apartments; condominiums, single-family homes; shared rentals, and room and board homes. These may be listed by other names in some areas. When considering a particular dwelling, be sure to confirm the specifics of what you will be renting. We also strongly encourage you to make personal visits.