How to Get Out of a Lease
Research your local landlord-tenant laws., Inspect your residence and its surroundings., Give your landlord opportunities to fix these issues., Give written notice of the defects to your landlord when you discover them., Set a reasonable deadline to...
Step-by-Step Guide
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Step 1: Research your local landlord-tenant laws.
You cannot be forced to stay in a housing situation that is dangerous or significantly different from what you were guaranteed in your lease.
In the United States, each state has laws that outline an implied warranty of habitability.
This is implied in any residential lease (not applicable for commercial leases) and requires landlords to provide a minimum standard of safe, sanitary, and livable condition.The basic conditions required by law are generally similar.
Usually, the residence must have a safe electrical system, drinkable water, locks, operational sewer system, a system to deal with removal of trash, and a smoke detector.
The residence should not have an infestation of pests such as bugs or rodents.
Specific regulations may vary by state.
Check out Nolo’s database of state landlord-tenant laws for information in your state.A brief version of state habitability statutes is available via Landlord.com. -
Step 2: Inspect your residence and its surroundings.
To determine whether your landlord is violating the warranty of habitability, inspect your residence and the surrounding area.
In an apartment building, the landlord is responsible for shared public areas as well as individual residences.
Look for conditions that are dangerous to life, health, or safety such as broken stairs or railings, poor lighting, or evidence of criminal activity.
These may breach the warranty of habitability.
You cannot have been responsible for causing these issues.
For example, if your window is broken because you threw a baseball through it and you haven’t paid to have it fixed, that situation does not violate the warranty of habitability.
Are there broken windows or doors? Are there exposed, sharp edges on woodwork or glass? Does it contain an unabated lead hazard or other toxic materials?Are vital facilities
-- e.g., toilets, heat, electricity, water, refrigerator
-- operational?Do pests keep returning, no matter how clean you keep your residence? Are there noxious odors in the air from sewage leaks? You can also look for issues outside of your residence.
Is the parking lot/area being neglected? If there are gates, are they maintained? Is the building substantially different from what you were shown before you signed a lease? , You must give your landlord a fair chance to remedy the problems.
You cannot simply abandon your residence and cite these issues later.
If your landlord does not fix the issues within a reasonable time, you have just cause to terminate your lease.To prove that your landlord did not respond to the habitability issues in a reasonable time, you must be prepared to show that the landlord had knowledge of the defect or necessary repairs and failed to act. , Send a copy by certified mail and request a return receipt so that you can prove your landlord received your complaint.
Keep a copy of all communication for your records.
Take photographs of the defects when possible.
These records may help you prove landlord neglect later.Landlords may also be subject to “constructive notice” of the need for repair.
This means that the landlord should or could have known about an obvious problem through regular maintenance or visits to the property. , What constitutes a “reasonable time” varies by situation and by state.
For example, if you notify a landlord in the summer that the furnace does not work, it is not reasonable to give him or her 24 hours to comply because not having the furnace does not present a serious threat to habitability at that point.
However, if you make the same complaint in the middle of winter, you would be justified in expecting an immediate repair.State a specific deadline in your notice, and make it clear that if the landlord does not complete the repairs to your satisfaction by the date given, you will abandon your lease.
Make sure that the date you give your landlord gives him or her enough time to actually fix the condition.
For example, you should not send your letter on a Monday stating that all repairs must be made by Tuesday.
Many states require you to allow at least 1-2 weeks for repairs to be made.Understand that if you abandon your lease too quickly you can be taken to court.
Do not abandon your lease until you have given your landlord the chance to fix issues. , If your landlord refuses or delays making necessary repairs, consider having your city’s housing inspector inspect your residence.
The inspector can give an objective account of issues with the property and may be more effective at convincing your landlord to act., A serious problem is one that creates severe discomfort or danger to the resident.For example, not having heat in the winter or running water are examples of serious problems.
A paint color you’re not happy with is not a serious problem.
If your residence is significantly different than what you were promised when you signed your lease, you may be able to claim a violation of the habitability warrant.
For example, if you were shown an apartment with a working stove and refrigerator and your apartment had neither when you moved in, that is a significant breach that impacts your ability to live in the residence.
Slight variations do not qualify for this warranty.
For example, if you were shown a unit with beige walls and were rented a unit with brown walls, this is a nuisance, but not a dangerous condition. -
Step 3: Give your landlord opportunities to fix these issues.
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Step 4: Give written notice of the defects to your landlord when you discover them.
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Step 5: Set a reasonable deadline to fix the issues.
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Step 6: Have your home inspected.
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Step 7: Remember that the warranty of habitability applies to serious problems only.
Detailed Guide
You cannot be forced to stay in a housing situation that is dangerous or significantly different from what you were guaranteed in your lease.
In the United States, each state has laws that outline an implied warranty of habitability.
This is implied in any residential lease (not applicable for commercial leases) and requires landlords to provide a minimum standard of safe, sanitary, and livable condition.The basic conditions required by law are generally similar.
Usually, the residence must have a safe electrical system, drinkable water, locks, operational sewer system, a system to deal with removal of trash, and a smoke detector.
The residence should not have an infestation of pests such as bugs or rodents.
Specific regulations may vary by state.
Check out Nolo’s database of state landlord-tenant laws for information in your state.A brief version of state habitability statutes is available via Landlord.com.
To determine whether your landlord is violating the warranty of habitability, inspect your residence and the surrounding area.
In an apartment building, the landlord is responsible for shared public areas as well as individual residences.
Look for conditions that are dangerous to life, health, or safety such as broken stairs or railings, poor lighting, or evidence of criminal activity.
These may breach the warranty of habitability.
You cannot have been responsible for causing these issues.
For example, if your window is broken because you threw a baseball through it and you haven’t paid to have it fixed, that situation does not violate the warranty of habitability.
Are there broken windows or doors? Are there exposed, sharp edges on woodwork or glass? Does it contain an unabated lead hazard or other toxic materials?Are vital facilities
-- e.g., toilets, heat, electricity, water, refrigerator
-- operational?Do pests keep returning, no matter how clean you keep your residence? Are there noxious odors in the air from sewage leaks? You can also look for issues outside of your residence.
Is the parking lot/area being neglected? If there are gates, are they maintained? Is the building substantially different from what you were shown before you signed a lease? , You must give your landlord a fair chance to remedy the problems.
You cannot simply abandon your residence and cite these issues later.
If your landlord does not fix the issues within a reasonable time, you have just cause to terminate your lease.To prove that your landlord did not respond to the habitability issues in a reasonable time, you must be prepared to show that the landlord had knowledge of the defect or necessary repairs and failed to act. , Send a copy by certified mail and request a return receipt so that you can prove your landlord received your complaint.
Keep a copy of all communication for your records.
Take photographs of the defects when possible.
These records may help you prove landlord neglect later.Landlords may also be subject to “constructive notice” of the need for repair.
This means that the landlord should or could have known about an obvious problem through regular maintenance or visits to the property. , What constitutes a “reasonable time” varies by situation and by state.
For example, if you notify a landlord in the summer that the furnace does not work, it is not reasonable to give him or her 24 hours to comply because not having the furnace does not present a serious threat to habitability at that point.
However, if you make the same complaint in the middle of winter, you would be justified in expecting an immediate repair.State a specific deadline in your notice, and make it clear that if the landlord does not complete the repairs to your satisfaction by the date given, you will abandon your lease.
Make sure that the date you give your landlord gives him or her enough time to actually fix the condition.
For example, you should not send your letter on a Monday stating that all repairs must be made by Tuesday.
Many states require you to allow at least 1-2 weeks for repairs to be made.Understand that if you abandon your lease too quickly you can be taken to court.
Do not abandon your lease until you have given your landlord the chance to fix issues. , If your landlord refuses or delays making necessary repairs, consider having your city’s housing inspector inspect your residence.
The inspector can give an objective account of issues with the property and may be more effective at convincing your landlord to act., A serious problem is one that creates severe discomfort or danger to the resident.For example, not having heat in the winter or running water are examples of serious problems.
A paint color you’re not happy with is not a serious problem.
If your residence is significantly different than what you were promised when you signed your lease, you may be able to claim a violation of the habitability warrant.
For example, if you were shown an apartment with a working stove and refrigerator and your apartment had neither when you moved in, that is a significant breach that impacts your ability to live in the residence.
Slight variations do not qualify for this warranty.
For example, if you were shown a unit with beige walls and were rented a unit with brown walls, this is a nuisance, but not a dangerous condition.
About the Author
Adam Richardson
Adam Richardson has dedicated 4 years to mastering science and research. As a content creator, Adam focuses on providing actionable tips and step-by-step guides.
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