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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Tenant legal rights a lease taking a job out of

Customer Question

Tenant legal rights for breaking a lease taking a job out of AZ moving to MO.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit met assist you with your concerns.
My apologies but the answer I will provide will not be favorable, so I ask that you do not blame the messenger. There is no such thing as a 'right' to break the lease because you took a job elsewhere. The lease remains valid unless these conditions exist:
1. There is a clause in the lease permitting early termination. This may be simple language, or even a fee for early termination. There is no duty to have such a clause, such language is put in at the landlord's discretion.
2. Release from the lease with landlord's consent.
3. Subletting, and also with landlord's consent.
4. Military redeployment with official orders. This is a federal law permitting breaching the lease.
5. Court order breaking the terms, typically if the tenant files and proves that the lease is somehow void or premises are uninhabitable and landlord failed to perform his or her duties.
If none of those conditions exist the lease is valid until the lease ends or until the premises are relet to someone else, whichever is earlier. The landlord has a duty to mitigate damages but can sue the former tenant for the period of time unit remained vacant as lost profits.
Dimitry, Esq.