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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35866
Experience:  16 years real estate, Realtor. Landlord 26 years
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Is it possible to break my lease? I need to move as I am

Customer Question

Is it possible to break my lease? I need to move as I am going to be taking care of my grandkids and my place isnt large enough.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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A tenant can always break their lease... but without legal grounds to do so, there could be repercussions...

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Unfortunately, there is not any type of "hardship" escape clause in a lease unless it was specifically stated in the lease. If you are under a written lease for a set term, then if you break the lease, the landlord can potentially hold you liable for up to the entire remaining term of the lease. If your family situation has changed, it would not give you legal grounds to get out of the lease without any repercussions.

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However, if you have to break your lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold you liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold you liable for that lost rent plus any advertising costs.

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So to minimize your potential liability, if you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly.

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thanks

Barrister