Breaking A Lease Due To Divorce Without Incurring Any Penalities
Many reasons may prompt a tenant to break a lease. The common ones are, uninhabitable premises, breach of contract by the landlord, the apartment being illegal, and divorce. Breaking a lease due to divorce can be a complicated process.
It is difficult because you most likely obtained the rental unit while married, meaning that both you and your spouse hold rights to it. Furthermore, the landlord may want to charge you a high fee when breaking such a lease.
Need help in breaking your lease whilst avoiding hefty penalties, costs, and credit score damage? DoNotPay can help you with this. DoNotPay can also help you understand what happens if you break a lease, educate you on the legal reasons to break a lease, and help you break a lease without penalty. Read on for more information on lease issues when getting divorced.
What Happens if I Move Out Without Telling My Landlord?
When you and your spouse have agreed to a divorce, vacating the apartment without alerting the landlord is not advisable. It is worth noting that informing the landlord that you are breaking the lease can help you avoid many issues.
The following are three consequences of moving out after divorce without informing the landlord:
- You could be sued for an outstanding rent balance. Even if you are facing a divorce, it's not wise to move out without the landlord's knowledge. Doing so may result in the landlord filing legal action against you, especially if you have not cleared your dues as per your lease agreement.
- You could be sued for violating the contract. Vacating the apartment without telling the landlord is a breach of the contract. This could prompt the landlord to file a lawsuit against you.
- Your credit score may be impacted negatively. Your credit score can also be hurt since the landlord may decide to send your debt to a collection agency. This will hurt your credit score, making it difficult for you to get loans and other financial services.
Information for Breaking Leases by State
Landlord-tenant laws may differ from state to state. The following guide can help you know the laws for your specific state:
How to Break Your Lease Due to Divorce
When both you and your spouse have agreed to end your marriage while renting, the best and easier option involves both of you working things out together and staying in the rental unit at least until the lease expires. This ensures that no fee will be imposed on you and the security deposit will be returned in full, provided there were no damages recorded during your stay.
The following are scenarios that you may find yourself in when you want to break a lease due to divorce, and guidelines on how to go about each situation:
1. Both of you want to vacate the premises
In such a case, the lease agreement will determine the amount of money required to terminate the agreement. Some landlords may only require you to pay the security deposit, while others require the monthly rent to be paid in full, up to the date of the lease's expiry.
For you to avoid the landlord filing a lawsuit against you, you must ensure that the balance you are liable to pay is cleared. In case your ex-spouse defaults on paying his or her share of the fee, you can take legal action since they have violated the divorce agreement.
2. Both of you want to stay
The first step you should take in such a scenario is to try to solve the issue by yourselves. If you do not find a solution to the issue, then you can take the matter to court. If the court decides to give you the apartment, you can take the court documents to the landlord to have your ex-spouse's name removed from the lease.
Breaking a Lease Due to Divorce With the Help of DoNotPay
Breaking a lease by yourself can prove to be such a hassle. It involves a tedious process that is also time-consuming and unreliable, especially when you are also dealing with a divorce. DoNotPay can, however, be of assistance to you by simplifying this process.
Here's how DoNotPay can help you get started in 3 easy steps:
- Search Break My Lease on DoNotPay.
- Prepare a signed copy of your lease that you can use as a reference, and enter the state the lease was signed in.
- Let us guide you through the 4 potential options.
Here are the four potential ways DoNotPay will then solve your lease problem:
- If you're a uniformed service member breaking a lease to fulfill your service obligations, we'll send your landlord an SCRA Protection Letter.
- If you're breaking your lease for a reason protected by your state's tenant laws, we'll write your landlord a letter detailing your protections for breaking the lease under the relevant law.
- If your reasons for breaking your lease aren't protected by federal or state law, but you'd like to try to convince your landlord to let you break the lease through mutual agreement, we'll draft a hardship letter making your case to your landlord.
- If there are no remaining options for breaking the lease with protection, but your state requires landlords to mitigate damages to tenants who break their leases, we'll notify your landlord of that obligation and minimize the remaining rent you have to pay.
Why Use DoNotPay to Break Your Lease During a Divorce
DoNotPay is the best platform to help you break your lease when facing a divorce. There are three things that make DoNotPay’s solution the best, especially when you’re already dealing with something difficult, like divorce:
- It’s fast: The last thing you want to be dealing with is lease issues. DoNotPay’s solution only takes you a few minutes.
- It’s easy: Going through a divorce is already hard enough. DoNotPay only requires you to fill out some information and answer some questions. We do the rest for you.
- It’s successful: We get the job done right by understanding renters’ rights.
DoNotPay Can Do More
We don’t just help with lease issues. DoNotPay can also:
- Educate you on breach of contract
- Educate you on how to reduce property taxes
- Educate you on how to change your mailing address
- Educate you on power of attorney
- Guide you on how to cancel
Why wait? Use DoNotPay to break your lease in case you are facing a divorce!