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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27564
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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How do you break a rental lease?

Customer Question

How do you break a rental lease?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. Can you share with me why you want out of the lease?

Expert:  RealEstateAnswer replied 1 year ago.

Hi, are you still with me?

Customer: replied 1 year ago.
Reason for breaking the lease (this is not my situation - this is for my son) - he had moved to Oklahoma City for his Emergency Room residency position. He is sharing an apartment with a room mate - they both signed a 12 month lease. He has recently gotten married and he and his wife are buying a house, which he will be moving into very shortly.
Expert:  RealEstateAnswer replied 1 year ago.

Thank you for the additional information. Unless there is an early termination clause in the lease, there needs to be a legal basis to break it and vacate. If the sole basis is a result of what you shared above, then that would not be a legal basis for him to move. Moreover, he has another roommate, so it is unlikely that the landlord would just release your son and hold the other person liable. At this point, a sublease is going to be the only way for him to avoid paying the rent, upon his relocation. If your son simply stopped paying, his roommate would need to pay the entire amount. If he could not, then the landlord would evict an sue both of them for any damages. If he did pay, he could then sue your son for the amount owed. Offering to pay the next two months of the rent is reasonable but you may want to try finding a person to sublease and then agreeing to cover a portion of the rent, to make the rental more financially attractive to them and/or offer the potential tenant, two free months. I know this is not ideal but the things which are happening to your son ( which are all very good) does not allow him to simply vacate and not be liable for the rent.

Expert:  RealEstateAnswer replied 1 year 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!