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How to Legally Break an Apartment Lease: A Housing Lawyer Offers Some Tips

By Avis Yarbrough, published Jun 11, 2008
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One right of passage into adulthood is moving out on your own into an apartment. However, what for many renters is a dream come true can easily become a nightmare and in those cases the most prudent thing might be to break their apartment lease, but how? Mark Silverman is a Chicago lawyer in who works with renters, assisting and helping them understand their rights as tenants. Mr. Silverman was kind enough to answer a couple of questions, and based on what he said, here are 5 tips to help you legally break you apartment lease.

Tip #1 Get It In Writing

According to Mark Silverman "Landlords will tell tenants "don't worry about the late fee" or "you can move out early" or "I'll put in new blinds" only to find out that the landlord failed to keep his or her word. No matter what your landlord promises you verbally, make sure it is backed up in writing.

Tip #2 See If You Can Pay The Landlord A Mutually Agreed Upon Sum of Money

Another suggestion by Mr. Silverman is tenants can consider asking the landlord if they would be willing to break the lease on an agreed upon sum of money. As stated above, if the landlord agrees, make sure to get it in writing and it must be signed by the both of you.

Tip #3 Get An Attorney if Necessary

If the suggestion up above fails, then contact an attorney well versed in your state and local rental laws. Mr. Silverman advises this instead of doing it yourself saying to do otherwise is " a risky proposition."

Tip #4 Don't Move Out Unless Your Apartment lease is Legally Terminated

Tenants whose living situations might seem intolerable and think the best course of action is to move out before their apartment lease is legally terminated, Mr. Silverman explains why that is not such a good idea. "If a tenant moves out before the end of their apartment lease, without it being legally terminated, he or she can end up having to owe rent under the remaining months left on the lease. In addition, tenants can also be forced to pay for their landlord's attorney fees."

Tip #5 Be Aware of Underhanded Tactics

How to Legally Break an Apartment Lease: A Housing Lawyer Offers Some Tips

If your dream apartment has turned into a nightmare, check out these suggestions to legally break your apartment lease.

Credit: Agnie

Copyright: Sxc.hu/Agnie

Takeaways
  • First tip, get everything in writing.
  • Another tips is to contact an attorney if necessary.
  • Tenants should offer to pay a agreed upon sum to legally break their lease.
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