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Breaking Lease And Trying To Get Deposit Back, What Should I Do?

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Bob Yacknowitz Profile
Bob Yacknowitz answered
You need to start by talking to your landlord. Depending upon the market you are in, the landlord may say "how fast can you leave and where do I send the money" It depends on whether or not the rent is below market or if there is any rent control on the unit. Also it's possible there is a waiting list.

Otherwise, you are responsible for the entire term of the lease. If that's  the case, getting the deposit back is a small part of your problem. Keep in mind, if you are forced to break the lease in many states the landlord must make a good faith effort to re-rent the place which would absolve you of any responsibility.

Do you have a sublet clause? If you have a sublet clause and you make your intentions known to the landlord, he may allow you to break the lease. Let the Landlord know sooner rather than later.

If you can't get anywhere with your landlord, talk to a Real Estate agent who specializes in Rentals. Agents often know more than lawyers. And they may provide you with options a lawyer cannot provide you with.

If a lawyer becomes your only option and it should be your last choice, make sure you obtain a Real Estate lawyer who specializes in L&T. (Landlord/Tenant) cases.
ray of light Profile
ray of light answered
It depends on the lease agreement that you signed with your landlord. If there was a clause in the agreement, that you can break the lease within a few days/months, by paying some fees or fine..Then you can go fir it...Otherwise, it might become difficult for you to break the lease. Landlords can even sue their tenant according to the lease acts. So read the agreement thoroughly and if you still want to break the lease, then consult a legal expert on this issue.

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