What are the legal ways to terminate a lease?

Asked by Aaron K., Memphis, TN Mon Feb 20, 2012

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14
dave, Agent, Charlotte, NC
Tue Feb 21, 2012
BEST ANSWER
Aaron,

You can always break a lease. However; there are potential consequences with that depending on how your lease in drawn up. I know a lot of apartment complexes have an ealry termination built into their lease. So, if yoou want to get out early for some reason you can. They charge a fee to do this and it genrally runs one month rent to do it unless you are near the end of the lease term... I have had a client who the complex she was leaving and then let her out with about 2 months to go.

If you are renting a house from a property management company they may have a provision in their lease as well for early termination similiar to the one of a apartment complex.

If you are renting from an individual home owner my experience has been generally that most do not have any provision in their leases and it really is up to you and them to decide how to move forward if you want out of the lease. if that is your case make sure whatever you decide is put in writing and signed off by both parties to avoid potential leagal litigation later.

Last, consult an attorney if you are unsure...However; this covers most scenarios and my advice is that if you are going to break the lease give as much notice as possible...This can help minimize the impact and may help them find a tenant before you actually move out.
Web Reference:  http://www.davedicecco.com
1 vote
I lost contract and wanted move out from South Carolina Rivers Walk apartment properties but they say you must pay $7015 to terminate contract! Two month rent and two month concession and even though I will obligated stay two month for pay bills, just evil people
Flag Fri Jun 2, 2017
If I decide to move out and break the lease, b/c the landlord just pops up on the property and harasses me while my husband is at work and I am pregnant, can he take me to court to get the rest of the money until the lease is up?
Flag Tue Feb 2, 2016
I'd like to break my lease, as my landlord said he is going to put it on the market. I don't want to be ready and the drop of a dime to show it. I am a single mom with two kids in tow. Any way to legally break my lease? In the lease it doesn't have anything about being responsible for that. Does the state of NC have a first right of refusal cause in it. Like, if he offered it to me and I said no, can I get out early?
Flag Sat May 18, 2013
, ,
Tue Feb 21, 2012
If you are trying to get out of a lease check with the landlord, a simple phone call may give you the answer you seek.
1 vote
Daniel Fisher, Agent, Charlotte, NC
Tue Feb 21, 2012
Good morning, Aaron.
Landlord tenant laws vary in SC and NC and the interpretation of the lease terms is not as straightforward as it may appear. Your liability for a lease could vary with the term of the lease; termination of a lease is a legal matter that you should definitely consult an attorney about.
1 vote
Jim Allen, Agent, Charlotte, NC
Mon Feb 20, 2012
Read Your lease. Most have provisions for early termination and spell out what your obligations are.
1 vote
, ,
Mon Feb 20, 2012
Leases are typically null and void when one party ceases to abide by the terms so I would refer you to the lease itself in order to determine if any terms were broken which might then justify said termination.

However, it's best to consult your attorney with respect to legal matters as I am merely a licensed loan officer who is qualified only to provide you with mortgage origination assistance here in NC.
1 vote
Joyholmes117, Home Buyer, Charlotte, NC
Sat Apr 29, 2017
My doctor advises I must go to assisted living.
0 votes
Christine.w…, Other Pro, Fort Myers, FL
Wed Jan 11, 2017
Tenant or family member contracts serious illness is also the reason to terminate lease earlier.

The other issue, which wasn’t mentioned here, is either tenant or landlord declares bankruptcy.
0 votes
Jimmymizelle6, Home Buyer, Charlotte, NC
Sun Sep 11, 2016
landlord will not get rid of bedbugs and roaches
0 votes
Patrice.buck…, Home Buyer, Mobile, AL
Fri Jul 29, 2016
Is there an Escape clause for unforeseen circumstances? My dad was renting in NC and had to have an emergency amputation a few months into his lease. Now the landlord wants him to pay rent until the apartment is rerented. Is there something in the state laws to protect a newly disabilied renter?
0 votes
mwilliams200…, Renter, 38016
Wed Mar 19, 2014
can you terminate your lease if someome break in your car at your apartment
0 votes
Patricia Cra…, Renter, Raleigh, NC
Sat Sep 21, 2013
I moved to NC Aug 26,. 2013 from Wisconsin, and I had my neice and nephew look at some places for me earlier in the month. They found a townhouse, I moved in 8/26 and the owners maintenance person came and he had to change the locks as I was moving in he didn't have a key for the mailbox either . Anyway the place had issues, the bathroom toliets and tub was nasty. the place was dusty and the there is plaster coming from the ceiling they tried to fix there are other issues. The biggest problem was that there is a HOA agreement that I had no knowleddge of until I had moved in and the neighbors was telling me of different things and I couldn't do. My relative told the property owner's brother who is the realtor, that I had a cargo tralier and he said it was ok because I have two parking spots.

The owner came over Labor Day, and bought the lease and a copy of the HOA after I had left msg for him and his brother (realtor). I asked for the key that I have bills and mail that I need to attend to. He didn't know which one was my box and that he last tenants took all that with them. And I could go to the post offce and they make me a key and he took $50 off for the key cost.

I want to know if I can use this for bases to get out of the lease, he gave me the HOA the days he brought the lease over for me to sign. I had given his brother( the realtor) two checks for the appplication and the security deposit Aug 12th. He probably would not have told me about the HOA until some bigger issues came up.

Please help me and let me know if I have a legal leg to stand on.

Please advise me
0 votes
Beky Bargabos, Home Buyer, Charlotte, NC
Sat May 18, 2013
I'd like to break my lease, as my landlord said he is going to put it on the market. I don't want to be ready and the drop of a dime to show it. I am a single mom with two kids in tow. Any way to legally break my lease? In the lease it doesn't have anything about being responsible for that. Does the state of NC have a first right of refusal cause in it. Like, if he offered it to me and I said no, can I get out early?
0 votes
Jeff Monfils, Agent, Mount Holly, NC
Wed Feb 29, 2012
Hello Aaron, THIS IS NOT LEGAL ADVICE. That said, in the body of the lease there is usually a section defining termination of the agreement if is a true legal document. Some leases drafted by “individuals” may not include such language for termination. Your options will depend on if the lease is annual or month to month ect. There inevitably may be a monetary consequence for breaching the agreement. Here is a link to the North Carolina Landlord Tenant Laws. http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.p…
0 votes
Nathan Wolf, Agent, Charlotte, NC
Tue Feb 28, 2012
You need to read your lease. The terms of termination of the lease vary according to what you signed.

There has to be an agreement between the tenant and the landlord. And it is either spelled out in the lease you signed. Or you have to come to an agreement and sign it now.

If there are problems with the property, document them in writing -- send letter to landlord, and also take photos. Then if necessary you can take him to court and have the court break the lease for you. But the landlord has to be given reasonable time to correct any situations which may arise--this is often also included in the wording of the lease.

Some leases also allow them to be broken if you lose your job or are moved out of state for employment-- but not all. And there are protections for members of the military on active duty.

Sometimes there are penalties (fees/ charges) that can be paid to break the lease. And sometimes those are only applicable if the landlord cannot find a new tenant.

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0 votes
we were robbed by gun point at home ..landlord wont let us out of lease
Flag Mon Jun 22, 2015
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