How to Get Out of a Lease Before Moving In

Although a lease is a legally binding document, you can get out of one in certain circumstances.  Whichever method you choose to break your lease, try to do so in a way that is the most amicable to your landlord.  You do not want to burn any bridges later when you need a reference.

• Look for any breaches in the lease.  The landlord has an obligation to keep your apartment habitable, and failing do this means you are legally allowed to break your lease.  Some problem areas to bring up as reasons for breaking your lease include: a pool that is broken and unusable, loose railing around your balcony, a general state of disrepair, holes in the carpet and/or walls, and mold in the bathroom.


• Look for breaches in your lease in the apartment common areas.  The language in the lease should also specify that the landlord has an obligation to keep common areas safe and functional.  Some faults to look for include: unsafe stairs with loose or missing handrails, apartment complex entrance gates which are broken and malfunction, as well as proper lighting in the apartment's garage.  The last two issues can set the stage for nuisance crimes, so a judge might be more inclined to side with you if you can show the landlord has failed to keep a safe environment.


• Give the landlord as much notice as possible, and look for other solutions.  If you can sublet your apartment, that would be ideal, as the landlord would have his rent.  Try to discuss your situation with your landlord to see if you can mediate an agreement.  If not, note that you are not necessarily obligated to pay for all the months left on your lease contract.  The landlord has to make a good-faith effort to find another renter, which includes placing an ad in the newspaper.