Breaking a Lease in West Virginia
Posted by Priscilla
A student who is in the Army Reserve was called to active duty. He just signed a lease about three months ago for a wonderful apartment right next to the school. He needs to break the lease and wonders if he can.
In this case he can because those that are assigned to active duty military are given permission to break a lease. The person in the military must be relocated to a base that is at least 35 miles from the current base to be eligible. Also service personnel can break a lease they are discharged from active duty or orders require them to move to government property.
Other reasons tenants give to break a lease include financial problems, personal or family illness or relocation to a new job that is at least 30 or more miles away from their present residence. These reasons are seen as legitimate in the tenant eyes, but the landlord would not agree.
It is in the best interest of the tenant to try to negotiate a termination of the lease if there is no legal condition to release them from the 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.
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.
It is recommended not to break a lease without legal assistance.
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