What are the penalties awarded to the tenants for breaking the lease agreement early?

A decision to rent a home or an apartment, either as landlord or as a tenant, brings with it a certain number of legalities. Landlord and tenant enter in to a binding contract called the Lease Agreement. There are a number of clauses to said agreement that protect the rights of the landlord and the tenant. In most cases the landlord is quite clear about the terms and conditions under which he/she wants to rent. A tenant is bound by the agreement to adhere to those terms and conditions failing which he/she may be asked to vacate. It is a good idea to be clear about the penalty aspect of your agreement which benefits both parties.

Lease Agreement

But, on the other hand, if it is the tenant who wants to vacate the rented property or apartment, there may be a penalty to pay. There are different laws governing rental accommodation in different states/countries of the world. Each region has its own local by-laws to help protect the rights of both parties.

The reasons for vacation are many. Some are serious which, by law, are acceptable as a reason to break the lease agreement early. But lease agreements cannot be broken for reasons like a marriage, moving out as your job as moved you to another region, or you have decided to purchase property for your own use etc.

Your contract with your landlord is what details the terms and conditions under which you have rented the property. Usually the contract is mutually acceptable to both parties sometimes the landlords are very strict about tenants vacating earlier than the period agreed upon. In almost all cases there is a penalty involved. In majority of the cases it is financial in nature and legally binding.

There are some reasons under which most states accept early vacation. Some of them are

  1. Being recalled to active military duty
  2. Damage to rented property due to unforeseen circumstances like storms etc. which make the place uninhabitable.
  3. Serious health issues that require you to relocate to a care institution or are grievously injured that you cannot manage with your new limitations.
  4. Your landlord defects on his/her side of the agreement like repairs etc.
  5. Your landlord interferes in your personal life and privacy.

Having said that, one has to remember that a landlord may or may not agree with your reason for wanting to vacate and you may just have to pay the penalty.

If you do decide to take the matter to court, ensure you engage the services of an experienced lawyer. One who know the loopholes of rental agreement laws and can prove your case in court. Again there is no guarantee that a judge or relevant presiding authority will grant you a reprieve but if your case is genuine enough, you might be one of the lucky ones. It might help your case if you help your landlord find another tenant. You could also give plenty of notice so that the real estate property can be re-rented without a break in the finances of the deal.

Author Bio:

Georgelen is an article writer who has interested in writing articles about home improvement, gardening ideas and other home related articles. Most often he could write articles which can be useful for people who want to find the best real estate property.

Erin Emanuel