how much are lawyer fees to break an apartment lease

Expect to pay around a $1,500 retainer for a non-litigated case and between $5,000 and $10,000 for a case that’s litigated. Most leases specify that whoever loses the case is on the hook for the other party’s legal fees. So you could pay nothing if you win, or a lot more if you lose.

Full Answer

How much does it cost to break a lease?

The cost to break a lease will largely depend on the tenant’s circumstances and the landlord’s leniency. Of course, many landlords are reasonable and understand that sometimes tenants need to relocate due to extenuating circumstances. Perhaps the tenant purchased a home or got a new job in new city.

How much do landlord-tenant lawyers charge?

Landlord-tenant lawyers reported charging contingency fees ranging from an average minimum of 31% to an average maximum of 41%. If you’re filing a lawsuit over a landlord-tenant dispute that could result in a large settlement or court award, your lawyer might charge what’s known as a contingency fee.

How much does a tenant have to pay if they break?

There is no standard amount a tenant must pay if they break a lease agreement early. It will depend on the lease agreement, the landlord and state law. The following are four scenarios of what you might have to pay.

How can I avoid paying a penalty for breaking a lease?

Pay the remaining rent Once you’ve exhausted all your options, the last recourse is to pay off the rent for the remainder of your lease period. It isn’t always financially feasible for most people, but it’s the only guaranteed way to avoid paying a penalty for breaking a lease.

How much do landlord tenant lawyers charge?

Landlord-tenant lawyers reported charging contingency fees ranging from an average minimum of 31% to an average maximum of 41%. If you’re filing a lawsuit over a landlord-tenant dispute that could result in a large settlement or court award, your lawyer might charge what’s known as a contingency fee. Under this fee arrangement, you don’t pay ...

How long is a free consultation for landlord tenant?

Free Consultation. More than half of landlord-tenant lawyers said they offer free consultations, typically for about 30 minutes. When you suspect you’ll need legal assistance, it helps to know that many landlord-tenant attorneys offer free consultations.

What is retainer fee?

In the most common form of retainer fee, known as a “special retainer,” lawyers hold client funds in trust and bill against the funds as they do the work. Retainer fees for landlords generally cover routine services like uncontested evictions, updating or reviewing rental agreements, and other business matters.

How long is a landlord consultation?

The average length of those consultations was just over 30 minutes. Tenants and landlords can resolve some conflicts without an attorney. But there are situations when tenants may need a lawyer to protect their rights and when landlords could use legal assistance to protect their property.

What are contingency fees?

Contingency fees are relatively unusual for the types of legal services that landlords need. This fee arrangement is more common when lawyers represent tenants who are suing their landlords for problems such as: 1 personal injury or property damage due to the landlord’s negligence or failure to maintain the property 2 housing discrimination, or 3 invasion of privacy.

How much does it cost to break a lease?

Breaking your lease can cost up to three months' rent, but the exact amount will depend on the type of landlord you rent from. It's not cheap to leave an apartment in the middle of your lease. Most landlords will charge you some kind of lease breakage fee to help cover the cost of re-renting your unit. If you live in a building managed by ...

Can you get out of a lease early with security deposit?

If this seems like a lot of money, remember that paying an early termination fee isn't the only way to get out of a lease early.

How long does it take to break a lease?

To break a lease signed before entering active-duty status, provide your landlord with a copy of your military orders no fewer than 30 days before you intend to break your lease. Your active-duty status must last at least 90 consecutive days.

What happens if you break a lease?

The potential consequences of a broken apartment lease include a civil lawsuit by your landlord to recover outstanding rent, harassment by debt collectors, long-term credit damage, and difficulty finding new housing.

What is the duty to mitigate damages?

In most states, landlords must make reasonable efforts to re-rent units vacated before the lease expires. In legal parlance, this is known as landlords’ “duty to mitigate damages.” Nolo has a comprehensive list of states where the duty to mitigate damages applies and where the law is less clear.

Can you get a lease termination early?

If a serious physical or mental health issue renders you, a dependent living with you, or a co-tenant unable to live independently in your rented housing, you may qualify for early lease termination without obligation to pay the entire balance of rent due.

Can you break a lease if you are financially responsible for a family member?

If you need to provide in-home care for a seriously ill family member or experience financial hardship related to their care, you may have recourse. Again, the mere fact of a family member’s illness likely won’t be sufficient to break your lease agreement if you’re not financially responsible for their care.

Can you leave a unit empty after the lease expires?

They can’t simply leave a unit empty until the lease expires and sue the lease-breaking tenant for back rent. If you lack a credible defense for breaking your lease, though, the judge is almost certain to rule in your landlord’s favor.

Can you break a lease without penalty?

Many states allow renters to break leases without penalty when their units become uninhabitable due to circumstances beyond their control. Definitions of “uninhabitable” and “circumstances beyond your control” vary by state, but common situations include natural disasters and criminal acts, such as arson, that gut or destroy the premises.

What happens if you break a lease?

If the tenant plans to break the lease before their term is up, they may have to negotiate special terms with the landlord in order to avoid paying high fees. The cost to break a lease will largely depend on the tenant’s circumstances and the landlord’s leniency.

Why do you break a lease?

Several reasons that should legally get you off the hook for having to pay rent include: The property is no longer a safe and healthy place to live.

What is subleasing a home?

Subleasing a home is when the tenant who originally signed the lease agreement finds another person to pay the monthly rent. The new tenant is a subtenant. An example of when this might happen: a student in a big city rents an apartment for one year but only needs to live in that apartment from September to May.

How much notice do you need to break a lease?

Most (if not all) leases require that tenants give their landlord at least one month’s notice that they are leaving the rental. If the tenant plans to break the lease before their term is up, they may have to negotiate special terms with the landlord in order to avoid paying high fees. The cost to break a lease will largely depend on the tenant’s circumstances and the landlord’s leniency.

Can a tenant break a lease?

If the tenant or landlord are able to find a suitable and qualified replacement tenant, then the tenant who is breaking the lease will no longer be required to pay for the remaining months’ rent. However, there is one caveat.

Can a landlord re-rent a unit to a new tenant?

If the landlord is able to re-rent the unit to a new tenant, then the former tenant will be off the hook. However, (as mentioned earlier) if the landlord has to re-rent the unit for a lower rental rate, then the former tenant will have to pay the difference in cost.

Do landlords have to look for replacement tenants?

Oftentimes, the landlord will ask the current tenant to conduct their own search for a replacement.

How to avoid legal consequences if you break your lease?

These five steps will help you avoid legal consequences if you decide you need to break your lease: Review your lease agreement. Talk to your landlord. Consider reletting or subletting. Use a lease termination letter. Pay the remaining rent. 1. Review your lease agreement.

What to do if you have trouble negotiating a clean break with your landlord?

If you’re having trouble negotiating a clean break with your landlord, consider finding a new renter to either relet or sublet the property. Finding a replacement on your own is a great way to alleviate your landlord’s fears about losing money when you move out.

What is the difference between subletting and reletting?

Here are the differences between the two options: Reletting: Reletting is when you or your landlord find a new renter to take over your lease. The new renter will sign a new lease agreement with your landlord, which then voids your original agreement and releases you from any legal obligations. Subletting: Similar to reletting, subletting is ...

What questions should I ask my landlord about my lease?

Be on the lookout for answers to these critical questions: 1 Does your lease agreement have an early termination clause? 2 Has there been a breach of contract by your landlord that would justify breaking the lease? (Ex: Entering without notice, No maintenance, etc.) 3 Will you lose your security deposit? 4 Are you required to find your replacement? 5 Can you sublet? 6 Will you need to pay the remaining rent for the entire lease period?

What happens if a new renter is late paying rent?

In this case, the new renter signs a sublease agreement with you. However, your name remains on the original lease agreement. This makes you responsible for anything that happens to the property, including if the new renter is late paying rent.

How to get a replacement after moving out?

Give plenty of advance notice. As soon as you decide to move out, let your landlord know with a notice of intent to vacate. Giving your landlord as much notice as possible will make their life easier because it gives them more time to find your replacement after you move out.

Can a landlord sue you for breaking a lease?

Facing a lawsuit by your landlord – A lease is a legal contract. That means your landlord is within their legal right to pursue you in court for remaining rental payments, as well as damages for loss of income and the cost of finding a new tenant. Paying out of pocket – Lease agreements often include penalties and fees for breaking a lease.

What are the reasons for breaking a lease?

Conditions with high chances you'll have to pay a penalty for breaking a lease: Moving for a job. Buying a new house or apartment. Moving because of a marriage or divorce. These are the most common reasons for breaking a lease, and unfortunately are not legally valid reasons ...

What happens if your landlord doesn't live up to his or her obligations?

If your landlord hasn't lived up to his or her obligations (ex: neglected maintenance or faulty repairs, or invasion of privacy), you may have just cause for breaking a lease. Read over your Lease Agreement to verify exactly what your landlord's responsibilities are.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Can you break your lease if you are moving?

You may also be able to break your lease if you're being relocated under military orders. You become very sick or seriously injured. In some states, serious illness or injury, or the need to move to an assisted living facility because of illness/injury, is condition enough to let you break your lease.

Can you cancel a lease without penalty?

You've been called to active duty in the military. If you signed the lease before being called up, the Soldiers' and Sailors' Civil Relief Act lets you cancel your lease without penalty.

Do you have to pay rent for a year?

Remember, if you have a fixed lease (usually for a year), you're usually obligated to pay rent for the entire year. This means if your landlord can't find a replacement tenant immediately, or loses rent because of your move, you'll probably have to pay the difference.

How to protect yourself from breaking a lease?

To protect yourself, it's important to understand the steps involved in properly breaking a lease so it has the fewest negative consequences for both you and your landlord. Here are the important steps and considerations before ending your lease early: Read your rental agreement. Talk to your landlord. Find a new renter.

How to handle a tenant leaving before the lease is up?

Talk to your landlord. The landlord-tenant relationship is often tricky, but open communication and total transparency are the best ways to handle a touchy situation like leaving before the lease is up. Email your landlord and building manager as early as you can in the process.

What is subletting in a lease?

Subletting: Subletting is when you or your landlord find someone who's willing to take over your current lease. While they'll likely sign their own sublease agreement, the lease will still be under your name — making you legally responsible if they smash a hole in the wall or forget to pay rent for a few months.

What is a lease agreement?

A lease is a binding legal contract between the tenant (s) (lessee) and the landlord (lessor). Although a year-long rental agreement essentially allows you to make payments on a monthly basis, it doesn't constitute a month-to-month arrangement. Whether you have to relocate for a job, take on a roommate or move for any other reason, ...

What is re-renting a house?

Re-renting: Re-renting involves finding a new tenant for the unit, but unlike subletting, they'll sign a brand new lease agreement and pay their own security deposit. For the landlord, this often means re-listing your unit and showing the property to interested renters.

What happens if you terminate your lease early?

Early termination of your lease without legal grounds may mean that you may need to pay full rent for the remaining months on your lease. You can also find yourself subject to legal action from your landlord, and/or receive a negative mark on your credit report.

How long do you have to wait to move out after a tenant signs a notice?

Depending on state laws, a tenant has to wait a certain number of days after their notice to vacate is sent before they can move out unless the violation is incredibly severe and detrimental to the residents' health. When complaining directly to your landlord, make sure you put it all in writing.

How much does it cost to end a lease early in California?

Typically, California landlords charge a fee that's equal to one to two months' rent to end a lease early. But you should understand the laws around these fees before paying. So, you need to get out of your lease early—and it’s not for one of the specific reasons allowed by California law.

How much notice do landlords need in California?

We’ve seen fees between one and two months’ rent, and a lot of landlords ask for at least 30 days’ notice. Some real-life examples across California we’ve found include: A landlord in San Mateo charges one month's rent.

Can a landlord charge early termination fees in California?

Yes and no. There are no state laws that explicitly ban landlords from charging early termination fees. What the laws do say is that California landlords can only demand an amount equal to their actual costs related to you moving out early. This is limited to:

Do landlords have to let you break your lease?

In almost all cases, landlords aren’t legally required to let you break your lease before the agreed-upon end date. That means they typically charge big fees to release you from your lease. But the rules in California about early termination fees are a little more complicated than in other states.

Is a lease a contract?

A lease is a contract, and those are binding until the agreed-upon end date—unless both parties agree to break it off. (And while it may not seem like it right now, it’s actually really important for renters that leases are so ironclad.

Can a landlord know the break fee upfront?

As you can see, it's impossible for a landlord to know the precise amount upfront. So any landlord that includes a specific lease break fee in the written lease is probably on shaky legal ground. Instead, if you move out, a landlords should technically continue to bill you for rent until the unit is re-rented (or, more realistically, ...

What to consider when breaking a lease?

Breaking a lease is not ideal, but sometimes unavoidable. Much of what happens when you break a lease is up to you and how you handle the situation. Life happens, and you have to roll with the punches. If you do have to break your lease, do it with your reputation intact.

Why do I have to break my lease?

1. Medical need. The most common qualifying reason to break a lease is medical-related. If you're no longer able to live independently and have to move to a rehab facility or assisted living, you might be able to opt-out of your lease without dire circumstances.

What is a lease buyout clause?

Many leases have a buyout clause that allows residents to exit a lease agreement early. A lease buyout lets you shorten the term of your lease for a fee. The fee essentially replaces the need for you to have to pay for the entire term of the lease.

How long do you have to give notice to leave a house?

You'll most likely still need to submit a notice to vacate at least 30 days (sometimes 60) before you intend to leave. There's no law requiring a buyout clause so if your lease doesn't have one, you and your landlord may agree to terminate the agreement in writing. 3. Collect necessary documentation.

How long can a spouse stay on a lease after death?

Note: If a service member dies while in military service, the spouse can terminate a lease within one year of death. 3. Personal safety. Victims of domestic violence, sexual assault, harassment or stalking are allowed to break their lease without paying a penalty due to personal safety concerns.

What to do before moving out of an apartment?

Before you move out, make sure you have a plan of action with your landlord about what you're responsible for. Be sure to get this in writing. Offering to help find a new tenant for your apartment could sweeten the deal for your landlord.

How much notice do you have to give to a landlord before you leave?

All of these details should be outlined in your rental agreement. For example, if you don't give the proper 30 or 60-day notice before you leave, you may be required to pay the entire remaining months' worth of rent (assuming the landlord can't find a suitable replacement tenant). 2.