What is a Broken Lease?

Most renters have a written lease signed by the renter and the landlord or apartment management company before moving into the apartment. The lease provides security for the landlord, and when an apartment is vacant, they lose money. A landlord does not want to be faced with being blindsided with a renter who vacates and abandons their lease. The lease lays out all the terms and conditions and what needs to be followed by the renter to stay in the apartment. A broken lease is when a renter ultimately vacates the apartment and abandons the lease. Breaking a lease without consulting with the landlord is a violation of one of the leasing terms, and it can be a serious offense.

When signing a lease for any apartment or rental property, it is suggested to thoroughly read the lease to make sure you understand everything. The lease may have an opt-out clause stating what you would be responsible for if the lease is broken early. If the lease does not, then you want to make sure to communicate with the landlord. If you have a job that may require a job transfer in the future, are in the military and may be deployed or there is something else you are concerned about, it would be a good idea to consult with the landlord or apartment management company before signing the lease.

As soon as you know when you need to vacate the apartment, you would want to let the landlord know because the more notice the better. Even if you can sublease the apartment, you should keep in mind you are still responsible for the rent and the apartment if there are any damages.

Also, it is important to know that if your apartment is unlivable and that is why you want to break the lease, you may be able to legally break the lease without penalty.

When vacating an apartment without permission of the landlord before the lease expires, there is risk of damaging your credit score, credit history and/or rental history. A landlord can report your broken lease to the tenant/landlord databases and may show up there for up to 7-years. If a landlord in the future checks your rental history and sees the broken lease, it may affect getting approved for another apartment or rental property in the future.

You may be obligated to pay rent for the remaining months, and if you do not pay the rent, the landlord may take legal action. Therefore, before signing the lease, the lease should be read and understood. If a renter believes they need to break the lease early, it is advisable to read the lease to see if there are options to avoid breaking the lease.

Furthermore, any unpaid rent and fees may show up on your credit report because of the broken lease. The balance owing may go to a collection agency and an attorney for further collection. There is the possibility the amount owing if unpaid for a certain length of time may cause a judgement against you if it goes to court. It is important to communicate with your landlord to help avoid any serious consequences to yourself!