Wednesday, July 7, 2010

Is it legal to break a rental lease to purchase a home?

I live in the state of Michigan if that makes a difference.Is it legal to break a rental lease to purchase a home?
Your rental agreement is a binding contract. In most cases, your landlord may release you from the contract, but not without penalties (penalties = rents owed for the duration of the lease or at least a PORTION of it).





I wouldn't advise purchasing a home until the last several months of the lease (to provide for escrow and all that). The landlord could care less that you're buying a home, they're looking at the rentability factor - unless you bring them someone to sublet the space until your lease expires.





Read the fine print of your lease. If you don't have a copy, get one from the landlord and review it quickly before you make any moves. Breaking the lease could end up costing you lots of money that you don't have.Is it legal to break a rental lease to purchase a home?
You could break the lease if you are buying the property you are renting.
Buying a home is not a legal reason to break a lease. That is a myth that will not go away.





You can be held liable for the rent until either a replacement tenant is found or the lease expires.





You can be held liable for any costs the landlord may incur due to your breach, such as, advertising costs, agent fees, etc.





The landlord can sue you in Small Claims for the above mentioned costs and win.





Once the landlord receives a judgment he can then garnish wages, garnish bank accounts or put a lien on your new home.
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