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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28344
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My son rents at bay side village Portland Maine. He had an

Customer Question

My son rents at bay side village Portland Maine. He had an 8 month lease and needs to break the lease. What is the usa law as he is an international student.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good evening. Would you mind sharing with me what he needs to break the lease at this time?
Customer: replied 2 years ago.
He needs to break as he just had a 4 month semester
Customer: replied 2 years ago.
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Expert:  RealEstateAnswer replied 2 years ago.
Thank you for the additional information. In order to break the lease, he needs to have a legal basis to support it. If not, then the landlord can sue him for damages suffered, if he vacates and fails to pay the agreed upon rent. Unless there is a clause in the lease which would allow for an early termination by paying a fee, he would need to work something out with the landlord. He can offer to pay 2 months rent to be released and/or speak to the landlord about finding a tenant to sublease, for the remainder of the lease term. The lease is a binding agreement, so he needs to comply or else he can be used if he just leaves and does not pay the rent.
Customer: replied 2 years ago.
What if has only a 4 month visa and cannot return.
Customer: replied 2 years ago.
Can he break the lease.
Expert:  RealEstateAnswer replied 2 years ago.
Prior to entering into the lease, he should have discussed this with the landlord an added language in the lease, that would allow him to end it early. If his visa is only for 4 months and he can not return, he should share this with the landlord and basically tell him he has to leave and give the landlord a chance to find a new tenant, so the rental does not sit idle. If he leaves and does not return, the landlord is not likely going to waste his time suing, since if he gets a judgment, it will be heard to enforce it. He can not just break the lease because his visa was only for 4 months. If he knew this ahead of time and he would have to leave, he should have never signed the 8 month lease.
Customer: replied 2 years ago.
Looks like we have to sought it out with the landlord.
Customer: replied 2 years ago.
We told them that it was 4 months. But they said to pass the lease to the incoming students.
Expert:  RealEstateAnswer replied 2 years ago.
I see. What they mean is try and find someone to sublease. Your son can try and find someone to move in and take over, which I mentioned and shared above, as an option.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!