Looking For A New Home To Rent? 4 Things You Must Do Before Breaking Your Current Lease

Your apartment lease is a binding legal contract between you and your landlord. If you want to change your house before your current lease is over, you will have to break it. However, breaking it is not easy and there may be some penalties involved. Here are some things you must do before you break your lease. It’s a good idea to consult with a real estate professional.

Read Your Contract Carefully
Since it is a binding legal contract, your lease may require careful reading. It is important to read through it carefully so that you know of any stipulations about notifying your landlord in case you want to break the lease. If there is a stipulation, it may also mention the notice period your landlord would require and the penalties for not meeting these requirements.

Know your Local State and City Laws
Find out about your local state and city laws about tenant rights and leases. This is especially important if your lease does not have a release clause. In such cases, the local city and state laws usually apply universally. In some states, the laws require you to give advance notice of at least 30 days while in others, it could be 60 days or even less. Laws are different from one state to another, so it is best if you consult your local laws and find out what you are supposed to do. You could visit the local civic body’s office to get this information or speak to a property agent who can guide you.

Speak to your Landlord
Whether your lease has a release clause or not, you should speak to your landlord and seek advice on your situation. If you are planning to break the lease, it is important to notify your landlord immediately. It is possible that the landlord understands your particular situation and releases you from the lease without levying any penalties. You could also reach a mutual conciliation or agreement regarding your lease. Sometimes, if you can help the landlord sublet the apartment immediately, they will be willing to release you from your lease without levying any penalties.

Check if you can Sublet
Though most landlords do not agree to this, you could check with your landlord if you could sublet the apartment on their behalf till your lease is over. This is a tedious and complicated process, but it allows you to be released from your obligation to your landlord without having to pay any penalties. Sometimes, there is a clause in the lease which allows you to sublet. In such cases, all you have to do is to inform your landlord about your decision to sublet as a courtesy. If, however, there is no mention of such a clause or if the lease prohibits you from subletting, then you will have to take your landlord into confidence and take their written permission before attempting to sublet the apartment.

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3 Tips on Breaking a Florida Lease Contract Legally

Breaking a  Florida Lease Contract Legally- When it comes to Orlando real estate law, breaking a lease is completely legal in certain situations but you have to go about it the right way. If not, you could risk facing some pretty serious financial as well as legal consequences. You should also know that it is neither quick nor easy. There are laws in place to protect both lessors and leas-sees.

Before starting the process of breaking your lease here are a few things to think about.

1- Find out what your rights are– Read your lease option agreement thoroughly, knowing what you can or can’t do is hands down the most important part of breaking a lease agreement. Find out what the tenant laws are in your state, this is something that can easily be found by doing a simple Google search. Print out anything that can potentially pertain to your specific situation.

Sometimes agreements will require you to do something as simple as giving the landlord written notice that you want out. However, most of the time this approach will mean forfeiting your deposit and still having to pay on the remainder of the lease. This option doesn’t appeal to most people because it’s expensive. However, if you’re breaking your lease because of problems with maintenance something wrong with the property, then you have a much better chance of getting out at no additional cost, and depending on the situation you may be entitled to getting your deposit back.

2- Keep good records- If you’re in a situation where there are safety issues involved or the maintenance isn’t being kept up according to the agreement, then you’re most likely able to break your lease with no problem at all and without any financial repercussion. It is extremely important, however, that you keep records and collect any proof of the things that are happening to make you want to break your lease. For example: health code issues, lack of maintenance, safety issues, etc. You should take photos and gather any other kind of proof that you can. Health code and building code violations are public records and you should have no problem getting this documentation online.

Having proof is essential in case your landlord wants to settle things in a court of law.

3-Be nice- Once you find out where you stand legally and you’ve collected any proof that you will require to prove your case you should approach the landlord in a nice way if at all possible. Before sending out any letters to him of what your intentions are, try appealing to his compassionate side [if he has one]. Many landlords will appreciate the “heads up” and this can make things a lot easier on you. Because you are being polite in the situation, you may find that your landlord is willing to work with you and find another tenant or waive certain of your obligations.

Even if you’re able to settle things with your landlord amicably and he tells you don’t worry about giving written notice, you should still follow all the legal steps that are spelled out in the contract including any written notices, etc.

Are you looking for an Orlando rental property?  Visit us at Orlando Realty Consultants.com and search the Florida MLS like a pro.

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