When Can a Resident Legally Break a Lease? For many property owners, the ideal resident commits to a long-term lease on their rental home. And complies with the lease for the entire term.
There is a lot an owner can do to encourage this kind of situation, but sometimes, and despite your best efforts, a resident may still break their lease. A broken lease is always an inconvenience, but there are times when it is legal for a resident to do so. Knowing when this rule applies and how to respond are essential to your long-term rental success.
Legally Break a Lease: Military Duty
Residents who are members of the military and their families often face long-term uncertainty. For this reason, the Service Members Civil Relief Act states that if military personnel receive orders of transfer (deploy or induction) more than 35 miles from the property, they can legally break their lease. However, they need to provide written notice. And proof of their orders or a letter from a commanding officer.
Upon discharge or loss of life, they can also legally break their lease. This Servicemembers Relief Act outlines these laws.
What about an employer-mandated job change?
In some areas, employer-mandated job changes may force a resident to move, and the tenant may be able to break the lease legally. The circumstances and terms under which you may need to comply with their request will vary. So be sure to check state and local laws on the matter.
Legally Break a Lease: Unlivable Conditions
By law, a rental home must be safe and habitable for your lease to be binding. If the landlord does not make the needed repairs or neglects the property to the point that it is not safe or livable, a resident has a case for breaking the lease. In some cases, the landlord may also be liable for the resident’s moving expenses.
Legally Break a Lease: Domestic Violence
Many states allow a resident to break a lease if the resident is a survivor of domestic violence. The resident is usually required to provide proof, such as an emergency protective order. And a written notice of their intent to vacate. Some areas also allow a resident who has been threatened or assaulted with a weapon to break their lease without penalty. As long as law enforcement agencies arrest the person responsible for the incident. Knowing whether your state or local laws make such provisions is important.
How we can help?
While most leases can be legally broken for these and other reasons, the financial consequences of doing so may vary. This depends on the location of your rental property and the specific circumstances of your resident. When you use Real Property Management to manage your rental homes, our experienced professionals are on your side.
They know when a resident can, and cannot, legally break a lease. And in either case, get your property rented again quickly. They will carefully check the existing lease agreement against the applicable laws in South Florida. They will then work out a solution by enforcing the applicable terms of the lease. Giving you peace of mind about your valuable real estate investment.
Instead of trying to manage this by yourself, just imagine how much easier it would be to let Real Property Management Premier do it for you. Our property management professionals have the necessary local knowledge and required experience. Look no further than Real Property Management Premier.
Contact us online or call 954-800-4433 and ask our property managers about our services in detail.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.