Breaking a Lease in Nevada
Posted by Priscilla
The lease is a legally binding contract created to protect the landlord and the tenant. Breaking a lease can have serious consequences including the possibility of limiting a renter’s ability to lease another apartment or even result in a negative credit rating.
Tenants break leases for a variety of reasons including military assignment, illness or financial problems. Those that are members of the armed services and are assigned to active military duty can break a lease easier than those that want to move based on other reasons. The other reasons would require the tenant to negotiate with the landlord.
Tenants that move without notice make it easier for the landlord to sue for damages or seize the tenant’s personal property that was left in the apartment. The landlord can also place a lien on the property forcing a payment when the property would be claimed. This situation can be avoided if the landlord is willing to negotiate cancellation terms.
What about finding a replacement tenant? If the existing tenant can find a new tenant to pay for the remainder of the lease, it would allow the old tenant to get out of the lease and the landlord keeps the unit rented. This secondary obligation is called a sublease and would be drawn up between the old tenant and the new tenant. The landlord would not have to create a new lease contract unless desired. The old tenant will be responsible for making sure the new tenant’s rent reaches the landlord since there is an existing lease.
The landlord has an obligation to provide the tenants a safe and habitable place to live. The rental unit must be free from any safety problems. These problems could include a furnace that leaks natural gas, a hole in the roof where water can damage walls, furniture and carpet or lack of running water. Tenants must notify the landlord of the unsafe conditions in writing. If the landlord does not repair the safety problems, the tenant has the right to move.
Contact the landlord and be honest. Let them know why the move is necessary. Seek legal help if necessary.
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