Is there any Way to Terminate a Lease Agreement Early Without Paying any Penalties?

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“My son has taken a new job and must relocate. He currently has approx. 3 months left on his rental lease agreement but needs to get out of the lease early. He has tried to contact his landlord thru the landlord’s representative but has been told the landlord is out of the country in Mexico and hasn’t been heard from for 6 weeks. The lease agreement has no provisions for terminating the lease early but the landlord’s representative has told my son he is responsible for the rent payments until the end of the lease. My son acknowledges there should be some penalty like losing his security deposit but to also have to pay the remaining 3 months seems excessive. The lease agreement is a standardized form like you could find at an office supply store.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Thanks for your help.”

You didn’t actually ask a question, here, but I’ll assume you want to know if there is some way to get around the plain language of the contract that your son signed. No.

When you sign a long-term lease, rather than a month-to-month rental agreement, you are trading off the security of knowing that your rent will not be raised during the lease term for the promise to pay for the whole term of the lease.

The landlord may be willing to waive his right to the remaining rent, if he’s feeling generous. More practically, if he (or your son) can find a new tenant for the unit, your son should not have to pay for the time that the new tenant is in place (the landlord doesn’t get double rent).



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Author: House Attorney

A house attorney has answered this question.

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