Can a property owner refuse to let you out of a lease even though there’s a right to cancel term in the lease?

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Can a property owner refuse to let you out of a lease even though there’s a right to cancel term in the lease?

Asked on January 20, 2012 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer is found in the lease, and specifically in that right-to-cancel term. A lease is a contract; the courts will enforce it as per its plain terms. If there is a right to cancel in the lease, the tenant may cancel under whatever circumstances, and by doing whatever things, that term states allows cancellation. If the tenant follows the term, then the landlord should not have the right to prevent him or her from getting out of the lease. The tenant would still remain liable for any amounts he owes the landlord for damage to the apartment or prior unpaid rent.


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