You can always break a lease. However; there are potential consequences with that depending on how your lease in drawn up. I know a lot of apartment complexes have an ealry termination built into their lease. So, if yoou want to get out early for some reason you can. They charge a fee to do this and it genrally runs one month rent to do it unless you are near the end of the lease term... I have had a client who the complex she was leaving and then let her out with about 2 months to go.
If you are renting a house from a property management company they may have a provision in their lease as well for early termination similiar to the one of a apartment complex.
If you are renting from an individual home owner my experience has been generally that most do not have any provision in their leases and it really is up to you and them to decide how to move forward if you want out of the lease. if that is your case make sure whatever you decide is put in writing and signed off by both parties to avoid potential leagal litigation later.
Last, consult an attorney if you are unsure...However; this covers most scenarios and my advice is that if you are going to break the lease give as much notice as possible...This can help minimize the impact and may help them find a tenant before you actually move out.
There has to be an agreement between the tenant and the landlord. And it is either spelled out in the lease you signed. Or you have to come to an agreement and sign it now.
If there are problems with the property, document them in writing -- send letter to landlord, and also take photos. Then if necessary you can take him to court and have the court break the lease for you. But the landlord has to be given reasonable time to correct any situations which may arise--this is often also included in the wording of the lease.
Some leases also allow them to be broken if you lose your job or are moved out of state for employment-- but not all. And there are protections for members of the military on active duty.
Sometimes there are penalties (fees/ charges) that can be paid to break the lease. And sometimes those are only applicable if the landlord cannot find a new tenant.
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Landlord tenant laws vary in SC and NC and the interpretation of the lease terms is not as straightforward as it may appear. Your liability for a lease could vary with the term of the lease; termination of a lease is a legal matter that you should definitely consult an attorney about.
However, it's best to consult your attorney with respect to legal matters as I am merely a licensed loan officer who is qualified only to provide you with mortgage origination assistance here in NC.
