How can I legally get out of a lease?
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How can I legally get out of a lease?
I have 2 months left on my current lease and would like to move. No problems except I just want to find a better environment for my son
Asked on March 23, 2016 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can only get out of a lease early if the landlord is:
1) violating the plain terms of the lease, such as by not giving you the facilities or space it promised to;
2) violating (after notice from you to stop violating) the "implied warranty of habitability" by leasing you space with serious health or safety issues or which is otherwise not habitable--e.g. major mold conditions, lack of heat or hot water, external doors that don't lock, *large* leaks or holes in roof and external walls, etc.; or
3) violating the covenant of quiet enjoyment, by the landlord consistently disturbing you (e.g. coming into your space often for non-emergencies without proper notice).
Otherwise, you are obligated to the lease, even if you want a better environment.
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