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Negotiating an
early-release clause
Any lease agreement worth the price of admission will spell out your and your landlord's obligations if one of you breaks a lease term. But even if you hope to stay in your rental until death do you part, it's smart to add an "early-release clause" in case an emergency arises.
Any lease agreement worth the price of admission will spell out your and your landlord's obligations if one of you breaks a lease term. But even if you hope to stay in your rental until death do you part, it's smart to add an "early-release clause" in case an emergency arises.
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Most early-release clauses state that in case of early departure, the
tenant owes one or two months of extra rent or will be responsible for payments
until a new tenant is found, whichever happens first. The tenant's security
deposit may also be forfeited, if allowed by the state. This may sound painful,
but keep in mind that we're talking about breaking a legally binding contract,
and try to be humble.
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In most states, landlords aren't required to negotiate terms not covered
in the original lease or subsequent written amendments. This gives you extra
reason to be polite and reasonable during lease negotiations. If a problem does
occur in the future, your landlord will know that your heart is in the right
place.
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Running on empty
Suppose you signed a boilerplate lease with no early-release clause, and you've been in your new place for three months. Suddenly you have a job offer you can't refuse, but it's in Boston and you're in Boise; or you take a sudden hit to your income and can't afford your monthly rent; or your apartment turns out to have mildew problems and your landlord has ignored your health complaints. Here are some do's and don'ts to help you make the best of things when you're running on empty.
Suppose you signed a boilerplate lease with no early-release clause, and you've been in your new place for three months. Suddenly you have a job offer you can't refuse, but it's in Boston and you're in Boise; or you take a sudden hit to your income and can't afford your monthly rent; or your apartment turns out to have mildew problems and your landlord has ignored your health complaints. Here are some do's and don'ts to help you make the best of things when you're running on empty.
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Do …
Be straight-up. If your reason for wanting to move might be fixed with a putty knife or an honest conversation, make an appointment to talk with your landlord. Don't be shy; this is your home.
Be straight-up. If your reason for wanting to move might be fixed with a putty knife or an honest conversation, make an appointment to talk with your landlord. Don't be shy; this is your home.
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Treat your landlord with respect. Let her know as soon as possible that
you might have to break your lease, so that you can discuss the possibilities
and she can get started on finding a replacement. In most states, by the way,
landlords are required by law to make an earnest effort to fill vacancies, even
if a tenant breaks a lease.
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Ask your landlord if she is amenable to a new leaseholder or sublessee
taking over the remainder of your lease. (The new tenant would be subject to
her approval, of course.) If this was disallowed in the original lease and she
agrees to an amendment, be sure to put it in writing, with both of your
signatures, and don't walk away without a copy. A cautionary note: If you
sublet, as the primary leaseholder you will still be responsible for future
rent payments, property damage and the like if the sublessee defaults on
payments. If a new tenant becomes the leaseholder, you're out of the picture.
While that might make you happier, either option is preferable to being
unprotected.
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Show your landlord that you care. Offer to locate a new sublessee or
leaseholder yourself. Contact friends, family and co-workers for leads, and be
willing to place — and pay for — ads.
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Be first to bring up compensations for your landlord for the trouble
your situation presents to her, using the early-release clause guidelines as a
starting point.
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Don't …
Take off without notice. Think of every rental experience as being married to your credit report. If you skip out, not only do you lose the chance to build up your credit, but it can also create a deep, dark gouge in your credit report, affecting your future ability to qualify for a credit card or buy a house or car.
Take off without notice. Think of every rental experience as being married to your credit report. If you skip out, not only do you lose the chance to build up your credit, but it can also create a deep, dark gouge in your credit report, affecting your future ability to qualify for a credit card or buy a house or car.
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"Pretend" you're still a tenant. Your landlord deserves to
expect that his property is occupied, and it's almost certain that your lease
states that as a condition. Believe it or not, it's not all about money: If you
vacate, the law is rarely on your side, even if you're religious about sending
payments. You can be held in default, and your landlord may have legal claim to
your belongings.
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Be defensive about negotiations. The point here is to accomplish three
things: 1) move; 2) maintain a good landlord-tenant relationship; and 3) avoid
blemishing your credit history. The quickest way to guarantee a bad ending is
to come out of the wild blue threatening a lawsuit, especially since you
probably wouldn't come out as the winner.
