With expansion of our free tenant hotline service to all Minneapolis renters only 4 days away, we’re sharing information and advice on the top 5 issues renters call us about. Minneapolis renters will soon have access to this wealth of legal knowledge and practical advice stemming from 22 years of providing legal advocacy services to renters across Minnesota. More info about our Minneapolis expansion is here.
Today we’ll be sharing information about our 4th-most commonly called-about issue: Getting out of a lease
Today’s topic: Getting out of a lease.
Question: How can I get out of my lease? Breaking a lease means a tenant wants to end his or her contract before it officially ends. There are a number of reasons a tenant wants to break a lease. The most common include: unfixed or emergency repair issues, buying a house, job loss or transfer, taking a job in another state, or changing schools. Sometimes, the rent may have become too expensive; typically there is a job loss in these cases. Occasionally, there are safety reasons: Perhaps crime has gone up in the neighborhood or the tenant has been the victim of a crime.
Answer: In general, none of these reasons ‘allow’ the tenant out of their lease—unless the lease states that. Our first advice is always to talk to the landlord about breaking the lease—it can frequently be agreed to if the tenant is willing to pay a fee or penalty to end their lease early. Some leases have provisions for exactly this purpose.
Tenants are not “banned” from moving out of an apartment mid-lease, however, the terms of a lease may still be in effect. If a tenant leaves before the lease is up, without some type of agreement or valid legal defense, rent will continue to be owed until the landlord re-rents the property or the lease ends. The landlord can sue the tenant in court to force payment, and if the tenant does not pay it can affect their financial situation and credit score. Under current Minnesota law, the landlord is probably under no obligation to try to re-rent, although almost every landlord will try to re-rent the place.
We advise tenants to check back once they have left to see if someone has moved in (drive by on the night of the 1st and 15th to see if the lights are on). Once a new tenant has moved in-the old tenant’s liability is usually ended. If the landlord re-rents the property for less than what was previously charged, the tenant will probably owe the difference in rent.
For advice about a situation similar to this that you, a family member, or a friend is facing, please contact our hotline directly: 612-728-5767 or email an attorney here. Minneapolis renters can learn more about our expansion here.
Leave a Reply