If I am in a 12 month lease for a rental with 8 months left and have an email from the property manager stating, “Please know that you can move out anytime”, does that allow me to terminate a lease?

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If I am in a 12 month lease for a rental with 8 months left and have an email from the property manager stating, “Please know that you can move out anytime”, does that allow me to terminate a lease?

If so, do I lose my deposit? Am I expected to pay for the remainder of the lease?

Asked on January 15, 2013 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is agreement from the landlord to let you move out early, you should not lose your deposit, unless 1) you left owing unpaid rent for some time prior to the move out; or 2) you damaged the property, and the deposit is being used to repair that damage.

The email you describe  may well be enough to let you leave early if you want,  but it would be better  to get it more explicit still; you may wish to write  something up which you both can sign which states that you are allowed to move out at any point now and will not be responsible for rent beyond the move out date.


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