If you need to terminate before the term, you should provide as much notice as possible to the landlord so that he or she can find a new tenant. However, in some circumstances, a tenant may have a valid request to break a lease early, including when: The tenant receives orders to move or deploy for military duty. Others let you terminate the lease if you lose your job or encounter other hardship circumstances. Any more would be considered excessive by courts. So, the first thing to do is consult your contract for details about ending a lease early. This editable Early Termination Addendum serves as what is popularly called a “break clause” for a lease contract. Look for an Early Termination Clause For the most part, your landlord will hold you to the terms of your lease. two months’ worth of rent). Many early termination of lease clauses include an early termination fee.
However, you don’t have to include the option of paying a fee—you may simply require they pay rent until you find a replacement tenant. Here are the key points you need to include in your early lease termination addendum. In many situations, this type of lease termination is considered a violation of the lease. An early termination fee is typically two month’s worth of rent. If your tenant needs to break the lease but there is no early lease termination clause in your lease, then you need to create a lease addendum. Sometimes leases include details regarding adequate notice and termination fees (e.g. WARNING: Many U.S. states and Canadian provinces have stringent rules surrounding when, if and how much landlords can charge for an early termination fee. There is no law requiring an early termination clause in a residential lease. Some clauses give you an out after a certain period, for example, six months into the lease term. There May be No Penalty An early termination or early-release clause gives you the right to terminate the lease early in certain circumstances. The Early Termination Fee shall consist of the sum of: Sample 1 Sample 2 If the Early Termination Fee is delinquent, then the Lease shall not be terminated until the next following Early Termination Date which is at least 90 days after the Early Termination Fee is paid. Tenant shall have the right to terminate this Lease (“Termination Right”) as of expiration of the 36th month after the Commencement Date (“Early Termination Date”), so long as Tenant delivers to Landlord (i) a written notice (“Termination Notice”), of its election to exercise its Termination Right no less than 9 months in advance of the Early Termination Date, and (ii) concurrent with Tenant’s delivery to Landlord … Breaking a lease early. An early lease termination addendum will spell out each party’s rights and responsibilities.