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I Want to Break My Lease!

July 1, 2015

 

“I need to get out of my lease, how do I do it?” 

 

That’s a tough question to answer if you want favorable results.  By “favorable results” we mean that the tenant will be returned all their deposits and suffer no consequences.

 

Dream on!  Landlords are notoriously tight-fisted and will normally claim all your deposits.  Your defense is in knowing the laws that govern your locality.

 

Legally, a tenant can break the lease at any time.  No one must stay in a rental property if they want to move.  However, the consequences to this action may change your mind.

 

Technically, if you break your lease contract you could forfeit all your deposits.  Nevada Landlord/Tenant laws, regarding broken leases, state that your responsibilities are confined to pay: 1) Loss of rents, 2) Actual damages, and 3) Reasonable costs of cleaning. 

 

This likely means that you could be charged with (if it applies):

 

1.Lost monthly rents and late payments

2.Legal costs of eviction, Constable fees, lock changes

3.Any damages to the property

4.Any reasonable costs to clean the property

5.Costs to re-rent the property, i.e. real estate agent commissions, advertising, etc.

 

Try to work out an agreement with your landlord or property manager on the requirements to secure the return of your deposits.  Get it in writing and perform to the letter of the agreement. 

 

If you are going to break your lease, and the landlord is uncooperative, your best bet would be to:

 

1.Give a 30 Day Notice to the landlord

2.Pay periodic rent up to the move out date

3.Repair any of your damages to the house

4.Clean the property and shampoo the carpets

5.Assist in re-renting the property i.e. show, market, advertise the property

6.Return all keys, remotes, cards, etc. to the landlord.

7.Keep records and photos of everything.

 

There’s no guarantee that these actions will ensure the return of your security deposits, however, the cause to withhold the money diminishes greatly.  Odds will be in your favor.

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