what kind of lawyer do i need to get out of a lease

by Crystel Schmitt 3 min read

If you have any questions regarding your right to terminate a lease, you should consult with a skilled and knowledgeable landlord tenant lawyer in your area. An experienced and local real estate attorney can look over your lease and explain to you what your legal options are.Mar 10, 2021

Do I need a lawyer to write a lease?

Tenancy for a term lease may require prior notice of termination by the landlord, usually thirty or sixty days; Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason. Sometimes prior notice is required, which is usually thirty days; and. Tenancy at will, in which either party ...

Do I need a lawyer for a rental property lawsuit?

Jun 19, 2018 · A landlord is bound by the terms of a lease in the same way the tenant is. If the lease is legally valid, and both parties follow the terms of the lease, the lease remains valid. If the tenant violates the terms, the landlord can seek to have the tenant removed. If both parties have agreed to terminate the lease, if the lease is illegal, or if ...

What can I do if my lease is illegally terminated?

Whether you are a renter who is leasing a house or apartment or a landlord who rents out real estate, there are a variety of reasons that you may need legal advice. A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests.

Can a landlord take legal action against you for breaking your lease?

Breaking a Lease. A written lease or rental agreement is a binding contract between you and your landlord. While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, so you could be ...

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Can a Landlord Cancel a Lease?

A landlord is bound by the terms of a lease in the same way the tenant is. If the lease is legally valid, and both parties follow the terms of the lease, the lease remains valid. If the tenant violates the terms, the landlord can seek to have the tenant removed.

What Is the Penalty for Canceling a Lease?

For both landlords and tenants, there are repercussions for violating the terms of a lease. A tenant who breaks a lease can still be found liable to pay the landlord back the rest of the money dictated by the least.

Do I Need a Lawyer?

Yes. Landlord tenant law is extremely complicated and a landlord tenant lawyer can help you navigate the complexities of your case.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

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.

What is a broken lease?

Breaking a Lease. A written lease or rental agreement is a binding contract between you and your landlord. While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, ...

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.

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.

What can a lawyer do for you?

Here are some of the important things a good lawyer can do for you: Spot subtle (or even not so subtle) variations on a lease clause you are familiar with, and explain its meaning to you. Warn you of hidden problems (or windfalls) in the lease that aren't-obvious to the unprofessional eye.

Do lawyers specialize in real estate?

Most lawyers who don't specialize in real estate have only limited experience in landlord-tenant legal issues—and even those with some experience may know only about residential tenancies. So if you just pick a name out of the phone book or go to the lawyer who prepared your will, you may wind up with someone who's less than ideal for handling commercial lease issues.

What is a buy out clause?

Buy-Out Clause - Another possibility is a buy-out which means that you are going to have to pay a bit extra since you are breaking the contract that you signed. For most buy-outs, you are still going to have to give a thirty day notice before your intended departure date, but you are going to have to pay an extra month of rent and a buy-out fee.

Can a renter break a lease?

When a renter signs a lease agreement, it’s very rare that they sign with the intent of breaking a lease. However, life sometimes happens and whether it’s for a new job or a family emergency, we are forced to move out early.

What happens if you win a lease?

If they win, you will need to pay much more than the remainder of the rent- think lawyers’ fees and interest.

How to get out of a lease without penalty?

One of the ways to get out of a lease without penalty is to find some occurrence in which your landlord was in breach of the contract and use it as a an escape route. In many cases, this is going to be absolutely impossible. If your landlord has always fixed problems promptly and you have no documented complaints even your lawyer may tell you there ...

What is a termination agreement?

This type of contract is called a lease termination agreement and it reflects both landlord’s and tenants’ rights and obligations.

How long do you have to give notice to terminate a lease?

Your lease may allow you to terminate with a 60-day notice for job relocation, major life change, or if you need to become the caregiver of a loved one. You might also discover the lease termination fee specified is much lower than you’ve been dreading, which could simplify things significantly.

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