Common Lease Break Exceptions are situations where a tenant may be allowed to terminate a lease early without facing penalties or fees. These exceptions vary by jurisdiction and lease agreements, but here are some of the most common ones:
1. Mutual Agreement
In many cases, a landlord and tenant can mutually agree to terminate the lease early. This may not be a legal exception, but it’s a common way to handle lease break situations without penalties if both parties agree.
2. Unsafe or Uninhabitable Living Conditions
If the rental property is deemed uninhabitable due to severe issues like mold, no running water, lack of heat, or significant structural problems, tenants may be allowed to break the lease. This is based on the "implied warranty of habitability" that landlords must provide livable conditions. Tenants must usually notify the landlord of the problem and give them time to fix it before breaking the lease.
3. Military Service (Servicemembers Civil Relief Act - SCRA)
Federal law protects active-duty military members who need to relocate due to military orders. Under the Servicemembers Civil Relief Act (SCRA), tenants who are called to active duty or receive permanent change of station orders may break their lease without penalties. Proper notice (typically 30 days) and a copy of the military orders are required.
4. Domestic Violence, Sexual Assault, or Stalking
Many states have laws that allow victims of domestic violence, sexual assault, or stalking to break their lease without penalty. Victims usually need to provide documentation, such as a police report or protective order, and give notice to the landlord.
5. ADA Fair Housing
Based on ADA/Fair Housing, a resident with a disability can terminate their lease early if their dwelling becomes inaccessible due to their disability, and the landlord must grant this request as a reasonable accommodation, allowing residents to move to an accessible unit within the same building or complex, if available, or to terminate the existing lease altogether.