Question:

Can you end an apartment lease?

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my friend recently got an apartment about a month ago, signed a 1yr lease, she just got a promotion but its in a different state, what can she do to end her lease? without affecting her or having to pay alot out of her pocket?

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  1. Under certain circumstances normally they will let you out of a lease. If your ill and won't be able to return to your apt. I also have known them to let you break it if you've gotten another job or promotion


  2. The landlord does not have to let her out of the lease without it costing $$$.

    She has three choices in this situation:

    1. Offer to pay to advertise the rental. Offer to have the rental in show worthy condition and allow showings as often as needed in order to get a replacement tenant. Offer to stay until the replacement tenant can move in. This way, the landlord suffers no loss of rent, she is not paying for a place in which she deos not live and all she is out are the advertising costs. Her credit and rental histories will not be affected.

    2. Negotiate a lease buyout with the landlord. Start by offering the amount equal to 2 months rent. The landlord may require another month. If she comes to an agreement, get it in writing. This way her liabilities end with the lump sum payment. Her rental and credit histories will not be affected.

    3. Move out without any agreement. The landlord can hold her liable for the rent until either the lease expires or a replacement tenant is found. The landlord can hold her liable for any costs he incurs due to her breach, such as advertising costs, agent fees, etc.

    If she does not pay the amounts above, the landlord can sue her. The judgment will include not only the costs mentioned, but court costs and accrued interest until the judgment is paid.

    Her rental and credit histories will be ruined. The judgment can be renewed for up to 20 years and the landlord can garnish wages or bank accounts, place liens on (future) personal property, etc.

    Future landlords will deny renting to her due to the unpaid judgment. Many employers check credit, so she can be scrutinized for having the open judgment against her. Insurance companies and other creditors pull credit and adjust rates dependant on credit, so she will be paying higher rates for many years.

    She cannot sublet unless the landlord gives permission to do so.

    Subletting can be a bad idea, because she becomes the subtenants landlord and remains liable to the landlord for the entire lease term. If your subtenant fails to pay rent, damage the place or default in some other way, she is responsible to evict them. She is still responsible to pay the landlord any rent or damages owed. She would then have to sue the subtenant to collect from them.

  3. First she needs to find someone who can take over her apartment. Then she can approach her super and tell her, she has to leave, but that she has someone to take over her apartment. She will probably have to pay for a background check on her friend and maybe a month's rent, but that should be all if the friend qualifies.

  4. She should review the terms of her lease to know exactly what she's on the hook for, then discuss it with her landlord.  She can always offer a months rent beyond her notice period - it will always cost to break a lease.  Landlords write leases so they don't have to go through the whole tenant search again and incur the time and advertising expense as well as the lost rent.  

  5. Sometimes the lanlord will let you out of a lease if you find someone else to move into the apt and take over the lease. Of course talk to the lanlord first, and read over the lease argreement.  

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