Breaking a Lease in Utah
Posted by Priscilla
Tenants live in a variety of rental units and they have to sign a very important document called a lease. There are times that a tenant must break a lease due to financial, medical or even domestic abuse problems. Regardless, breaking a lease can be a good or bad experience; it just depends on the landlord and his or her willingness to work with the tenant.
A lease is a legally binding contract that is signed between a landlord and a tenant. The tenant is obligated to pay rent to the landlord during the terms of the lease. However, there are times that a tenant needs to break a lease. If the tenant is relocating to another job across town, the lease cannot be broken. Other reasons include the tenant falls ill and can no longer care for him or herself; the tenant files for bankruptcy due to financial difficulties. These would be reasons in the tenant’s eye to break a lease but the landlord would not agree.
Other ways to break a lease is to find a replacement tenant for the unit. A replacement tenant would sign a sublease. This sublease would require the replacement tenant to pay rent to the original tenant. The original tenant would then pay the landlord. The original tenant is also responsible for the actions of the replacement tenant. This is why it is very important to choose a quality replacement tenant.
Leases sometimes have an early termination clause. This clause allows tenants to “buy out” the remainder of the lease. There are a variety of agreements including two months rent or a flat fee. When this is paid the tenant would be released from their obligation.
Do not leave the rental property without giving the landlord notice. If a tenant leaves a property without notice, it is considered abandonment. Abandonment can give the landlord the right to place liens on any property remaining in the unit to recoup damages. The landlord can also sue the tenant for damages. Honesty is the best policy. Let the landlord know the situation and try to negotiate a lease termination.
Before breaking a lease, seek legal help to protect possessions and personal credit. Breaking a lease can damage personal credit and the ability to rent in the future if it is not done correctly.
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