How can I exit my lease agreement with out being sued or evicted or have our credit destroyed by the landlord?

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How can I exit my lease agreement with out being sued or evicted or have our credit destroyed by the landlord?

There are no details in my lease about termination by the tenant. However it does say, “The premises will be used solely for residential purposes and be occupied by no more than 3 persons including children. The following persons and no others, except afterborn children, are authorized by Landlord to reside within the demised premises”. The only reason I need to move is my husband and I are expecting and we already have a child in the house. It’s a 2 bedroom 1000 sq ft (not including the patio) and aside from putting a new baby on the kitchen table. There’s no more room.

Asked on September 27, 2011 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there are details about termination by the tenant, there is no way for the tenant to terminate--which, by the way, is the usual or common situation. A lease without some earlier termination clause only ends at its termination date (so when it would naturally expire). If the landlord did something which makes the home uninhabitable, that would usually give you grounds to terminate without penalty--but from what you wrote, that is not what happened here.

Your options:

1) Negotiate with landlord--maybe he or she will agree to let you terminate earlier, possibly in exchange for some payment. If you get an agreement, make sure to put it in writing.

2) Assign your lease to someone else or sublet--i.e. find another person who will either take the lease over for you, or else will sub-lease from you; check your lease first, to make sure this is permitted.


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