Am I able to break my lease agreement?
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Am I able to break my lease agreement?
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: 1. Is this a commercial or residential lease: 2. What is a reason you want to break it?
1. It is a residential lease. 2. We moved to another state for a job and everyone on the lease will be living in Texas starting [DATE]. We have talked to our landlord and have been posting to find replacement tenants, but no luck so far. We offered to pay for April’s rent and for him to keep our whole security deposit if we could end of lease starting [DATE]. He hasn’t been responsive for the last week and a half.
Got it. Unfortunately, the lease does not include an early termination clause or any language letting you end it early just because you're moving out of state. It's a fixed-term lease from to [DATE], and there’s no opt-out provision for relocation or job changes. So the downside here is that you're still bound to the lease. You're bound from the moment that you agree to rent the premises. This means that unless the landlord lets you out of it, you can't get out of it. If you walk away without a replacement tenant or agreement in writing, you’d technically be in default under Section 29, which allows the landlord to send a 30-day termination notice and then sue for damages (like unpaid rent) There is a silver lining: 1. You could see if you can find a subtenant to rent it from you. Section 25 specifically says that the tenant can assign or sublet the lease with the landlord’s permission, so consider asking around to others. 2. You can try to find someone to take over the lease agreement for you with the landlord's consent; 3. You could offer a settlement to the landlord, such as 1.5x the regular rent. 4. If you can't do either of those, then there is still some hope. Utah law generally requires landlords to mitigate damages, meaning they have to try to re-rent the place if you move out early. So even if you're technically in breach, they can't just leave the unit empty and collect rent from you through July because they have to make reasonable efforts to find new tenants. You may still be responsible for rent during the time it sits empty but not for the entire remaining lease if it gets re-rented sooner.
Awesome. Thank you. He let us post for someone to take over our lease, but have not had any responses yet. Since we are moved out now, are we obligated to find new tenants still? Or does that fall on him? We also don't mind paying until July. I just wanted to see what our landlord was obligated to do.
So legally, the landlord is required to find new tenants in this case - he has a duty to do this; however, to limit your own financial spending on this, keep marketing it and asking around!
If we continue to look and advertise on Zillow, Trulia, etc, does this count as him looking for new tenants?
So it doesn't count as him looking - it only counts as you looking. He has to do it himself, such as hiring an agent, posting it on those same sites, or even just asking around.
We actually do have 3 people requesting to do tours. We aren't able to do tours since we are not in Utah anymore. We have texted him to see if he could do the tours, but no response for awhile.
Ok got it - so what you could do is have someone who can help give informal tours. If you have a friend or family member who you can give a key and have them tour the place, that will help. People need shelter and sometimes it's easier than you think. Just remind the landlord that they are required by law to help with this and that you don't want a judge to have to intervene because they will find that the landlord's failure to help is their own fault.
Thank you for all of your help. I have one more question. If we have tenants that are interested in taking over our lease and he doesn't respond to get the process of switching over contracts, what are my next steps?
You're welcome! So I would do things like have them provide to you their credit report, maybe a letter from an employer, their last two paystubs, and their tax transcript from 2023 and 2024 if they have it. You can email the landlord and say, "Hey, we have a great way for you to avoid having this place empty. We know it costs money when it's empty, and these new tenants we have are clean, friendly, and are able to pay the rent. Would you like me to send you their information? I have their paystubs and taxes." This save the landlord money on having to do a background check as well.
Just to prepare, what if we have replacement tenants and get down to the contract signing, and he's still not responsive? He still hasn't responded to us about anything and we did get someone to show the house and those tenants are interested in taking over the lease.
Understood - so if he's still not responsive after all of that, then it would be good to send him a notice stating that you have tried to help him mitigate his damages, therefore, you won't be responsible for the rent going forward.
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