If my spouse is relocated for his job is there a way to get out of our apartment lease?

In our lease there are no details about breaking your lease for relocation. Right now they want us to pay 2 months rent with a 60 day notice to break the lease.

Asked on December 9, 2011 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the written lease which is the subject of your question does not set forth a mechanism to end the lease as a result of job relocation, then job relocation is not a basis for you to terminate the lease without recourse.

If the landlord's offer is to pay two months rental as a term to break your lease, you need to ascertain how much time is left on the lease and make a decision based upon the bottom dollar line. One option is to possibly sublease the rental.

Another option is to give notice of ending your lease and force the landlord to start looking for another tenant. Your landlord has the duty to minimize his or her loss by renting out the unit as soon as posisble. Potentially the new tenant may end up paying a similar rent as you are where the landlord will have no damages to complaint about.

You might also want to consult with a landlord tenant attorney about your situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.