Is it legal to break an apartment lease that doesn’t start for about another 2 1/2 months?

UPDATED: Jun 11, 2015

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Is it legal to break an apartment lease that doesn’t start for about another 2 1/2 months?

My daughters have lived in this apartment for a year and we have had so many problems trying to get things fixed. Most of them are fixed now only because I called the home office, however they don’t want to live there anymore because of all the problems. he lease they are in now ends next month. They are also having to deal with loud parties/people smoking pot in apartments under them.

Asked on June 11, 2015 under Real Estate Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) If they have signed a new lease that will start in 2 1/2 months, then the lease is already binding--once a contact (and that's what a lease is: a contract) is signed, it binds the signatories even if it's nto to take effect until the future.

2) If they do not have "quiet enjoyment"--the ability enjoy their leased space without disturbance--due to their downstairs neighbors, they *may* be able to terminate their lease on that basis IF they give their landlord notice (preferably written, and sent some way they can prove delivery) of the disturbance and a reasonable chance/time/opportunity to correct the problem (such as by warning the downstairs neighbors they could be evicted for their conduct--which they could be--and, if necessary, evicting them) and despite that notice and opportunity, the landlord fails or refuses to act. This can be a complex thing to do, however, in order to do it right; if you want to explore this option, you and your daughters are advised to consult in detail with a local landlord-tenant attorney.

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 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.

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