Can I cancel my apartment lease without any problem if I’m buying a house?

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Can I cancel my apartment lease without any problem if I’m buying a house?

Asked on March 21, 2012 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can't cancel the lease "without any problem"--i.e. without being liable for rent for the full remaining term of the lease--unless:

1) The lease itself provides some way to do this (e.g. the lease says you can terminate it on 30 or 60 days notice); or

2) The landlord either breaches the lease in a material, or important way (such as by denying you space or  facilities to which you are entitled) or the property's habitability is seriously impaired, such as by mold, lack of water, major holes or leaks in external walls or ceiling, etc.

Other than that, the lease is a contract: you are bound to its terms. You can try to negotiate with the landlord, of course--offer him/her immediate payment of, say, 2 - 3 months rent if he/she lets you out of the lease. If you come to an agreement, make sure it's in writing.


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