What are my rights when it comes to breaking a rental lease?

Our current lease is almost up (on the 21st June) but we are currently looking to buy our first home in the next few weeks, our real estate are not keen to let us go week for week.


My question is: If we are asked to resign a new lease, and in that time frame we find a property to buy will we be able to break our lease and not be penalised in the mean time?


Thanks for your time. :-)What are my rights when it comes to breaking a rental lease?
No, if you sign a lease buying a house has no effect, you will have to pay whatever penalty there is.What are my rights when it comes to breaking a rental lease?
Hi, In Australia you cannot break a lease because you have bought a house. You will still be responsible for the rent until the end of the lease, unless you find someone to take over your lease and the Real Estate approve of this.





If you do not resign a lease your tenancy will be classified as a Month to Month. However if your Real Estate is not happy with this they can ask you to leave when your current lease expires. Maybe ask them to sign a 3 monthly lease. The best thing to do is to talk to them.
If you sign a new lease, you will legally be responsible for the rent until the end of the lease. In some states that is mitigated by the land lord re-renting the apt. You only have to pay until someone else moves into your apt. In other states, you will have to pay the full term of the lease.





If you are not going to be there until the end of the lease, you should rent on a month to month tenancy. This may require you to move to another apt. while you look for a house to buy.
If you're in the US- laws about breaking a lease will vary by state.


If it's a matter of one week- it's not worth the fight- just pay the rent.





If it's a matter of a few months- and your lease is up- you may be able to negotiate with your landlord. You could request to live there month-to-month (without a lease) or ask for a six-month lease. Your landlord could always refuse- in which case- you'll need to decide whether to sign a full year's lease and stay there- or move out now.





Sometimes a landlord can require that you pay the entire remainder of the lease (up to a year!) if you break a lease... but often- if it goes to court- the judge would require to show that the landlord attempted to rent the place and was unable to for that entire time. If somebody else moved into the apartment in the meantime- they can't hold you responsible for paying that rent. However- if the landlord has MANY apartments open- they're not required to rent yours to new renters.





Sometimes you can sublet your apartment (rent it to somebody else for the remaining time on the lease) but landlords might not like that if they find out- since they want to know who's living there- and if anything goes wrong- you're responsible.





Or else- if you agree to help the landlord find somebody else to move in right away- and they're not losing any money- they'd be happy to let you out of the lease.





So really- it depends on the laws in your state, your specific situation, and how well you can arrange an agreement with your landlord.





Congrats on buying the house- sounds exciting!
This is not legal advice! Your first step is to get out your lease and read it.





If your current lease has an auto-renewal clause then you must provide the requisite notice of intent not to renew. Different states have different laws of leasehold renewal. You could ask an attorney or ask your real estate agent for your new house. Some leases will revert to month-to-month is they are not specifically renewed at the anniversary.





I suggest you speak to the landlord. Of course he will want a long lease. It reduces his risk of vacancy. Get a realistic time-frame and work with him. He may want more rent but you can resist. Simply notify him that you will be staying until [Sept 1] and tell him you will pay him his rent each month until that time. State that you are specifically not renewing his lease. I would tell him this face to face and put it in writing also. Include a check. This new writing is considered a legal modification to your lease if you offer, he accepts and there is an exchange of value. His cashing your check can be argued as his acceptance.





If he trys to get tough don't fret. It takes months to get eviction and costs plenty. Some states allow for R%26amp;P (rent or possession) That usually takes 4 to 6 weeks and the court orders you pay the rent or give possession. Since you will pay monthly on time there is no issue here.





Your best course of action: Talk to your current landlord, tell him your plans, pay your rent and offer to help find him a good tenant during your last weeks in his house.





And congratulations -- I hope you enjoy your new home!





Best wishes


Craig