Can I cancel my apartment lease without any problem if I’m buying a house?

UPDATED: Mar 21, 2012

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Can I cancel my apartment lease without any problem if I’m buying a house?

Asked on March 21, 2012 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can't cancel the lease "without any problem"--i.e. without being liable for rent for the full remaining term of the lease--unless:

1) The lease itself provides some way to do this (e.g. the lease says you can terminate it on 30 or 60 days notice); or

2) The landlord either breaches the lease in a material, or important way (such as by denying you space or  facilities to which you are entitled) or the property's habitability is seriously impaired, such as by mold, lack of water, major holes or leaks in external walls or ceiling, etc.

Other than that, the lease is a contract: you are bound to its terms. You can try to negotiate with the landlord, of course--offer him/her immediate payment of, say, 2 - 3 months rent if he/she lets you out of the lease. If you come to an agreement, make sure it's in writing.

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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