Breaking a Lease in Rhode Island
Posted by Priscilla
When a tenant signs a lease he or she is responsible for all rent payments and damages to the apartment. When a tenant breaks a lease their personal credit and their ability to lease an apartment in the future can be damaged.
Tenants must remember, a lease is a legally binding contract and is enforceable by law. In the state of Rhode Island the law will be on the landlord’s side if a tenant breaks a lease.
Some rental agreements allow a tenant to buy out the lease agreement. The terms of this buy out agreement vary. The end result is the tenant can move and the landlord has additional rent that can cushion the vacancy period until another tenant can be found.
When a tenant figures out they must move, he or she should notify the landlord immediately. This will give the landlord time to find another tenant. If the landlord can find another tenant to rent the apartment then the former’s tenant obligation could possibly be mitigated.
Tenants can help themselves and the landlord by finding another tenant for the apartment. The current tenant would need to create an agreement between the two parties called a sublease. In the sublease the old tenant would be responsible for the new tenant’s actions in the apartment and also the rental payments. It would be the old tenant’s responsibility to make sure the new tenant pays the landlord on time. When choosing a replacement tenant, be sure to know their background and payment history.
Landlords also have an obligation to a tenant. The landlord must make sure the rental unit is safe. Problems like a leaking roof and roach or rodent infestations can give a tenant the right to break a lease. The tenant must notify the landlord of the problems, giving him a chance to fix the issues. If the landlord does not fix the problem, then the tenant will have the right to move.
Before breaking a lease it is best to seek legal assistance. A lawyer can guide the tenant in the right direction during the process.
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