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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29080
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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Are there any reasons that would allow one to break a lease

Customer Question

Are there any reasons that would allow one to break a lease early?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 5 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

I am presuming this is for a tenant, not landlord, to break a lease.

To break a lease the tenant would need:

1. a provision in the lease itself which allowed early termination, or

2, the landlord being in serious breach of the lease such that the breach renders the premises unhabitable.

For example, if the landlord is responsible for utilities and the water is shut off that would be grounds to terminate.

3. Some states have a statute allowing the elderly to break a lease if they are medical unable to continue living independently and must move into assisted living.

Customer: replied 5 months ago.
no the landlord told me if I didn't like the situation then its time to more on, I have been here since December and the landlord and I have never had any issues until the new tenant moved in last Friday. she has knocked on my door three times since she moved in last Friday.
Customer: replied 5 months ago.
complaining about we keep walking back and forth across the floor, do I not have any rights just because I leave o the second level. the balcony is not even safe. my landlord made promises to come fix things when the weather became nice. but he has not done anything. my landlord was talking to me as if I was a child and I have to tell you I laid him out.
Expert:  Loren replied 5 months ago.

If the landlord will let you move then you need a release in writing. A verbal release is not enforceable.

Likewise, if the landlord is not providing a safe and habitable premises then you may be able to declare a constructive eviction and move out. You would then have to sue the landlord for breaching the lease.