Feb
25
How to break a lease contract that has no clause for breakage?
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I signed a lease contract for a property and now I may need to break that lease. I was unaware that a lease contract could stipulate that it cannot be broken through the period of the lease. Is there any legal basis for me to be able to break a lease contract without the explicit stipulation in the contract that it can be broken.
Also, our landlord lives above us and is VERY loud. When I rent a place I expect reasonable quietness. If that can be used in any way?
Thank you!
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5 Comments
February 28th, 2009 at 7:30 am
If you can’t break it you have to pay it in full.
Sorry.
Also, noise is not valid legally to break the lease. There isn’t very much that will undermine the contract, short of the apartment collapsing.
March 3rd, 2009 at 4:50 am
answering backwards to forwards in this case, no, the noise complaint will not get you anywhere unless you have written
documentation from the police filing a complaint. as to the
first question, look on the lease that you signed, it will tell you all of the terms and conditions of you living where you are at.
not to be a smart-butt, but that is why it is called a lease contract, you agree to stay in the apt. a certain time and agree to give notice when you plan to move. the only way out of most leases is a job transfer with a company letterhead stating the transfer and the distance from where you live now, it better be more than a 100 miles or the leasing office won’t accept it. just read the lease agreement, it should set you straight. good luck.
March 4th, 2009 at 7:27 am
Contact a local real estate attorney at the link below. The laws very by state, but you may be able to break the lease with little or no legal exposure.
March 6th, 2009 at 8:21 pm
Sorry, the lease is legally for that very reason so a tenant cannot just leave without the potential of law suit, lien assets or garnishment of wages as allowed under the landlord tenant laws in your state. I have put a website below that might offer more information for the state you live in.
As far as the noise, the only option is to document it, call the police is it gets bad, or keep a log even. Then you could file a breach of contract if it is even possible in your state. You should absolutely read any lease you sign in the future to be sure of any clauses that exist that you do not want, although it is customary to have this clause in most states
March 7th, 2009 at 3:27 am
A lease is a binding contract between you and your landlord. It CANNOT be broken… so therefore a breakage clause does not and need not exist.