I have been living in some apartments in Richmond for almost a year and half now, and the whole time I have been plagued with noisy neighbors due to both the inconsideration of said neighbors and the poor quality of the construction of the building. Rather than suffer through more sleepless nights and increasing blood pressure I finally decided to move – with one problem: my lease wasn’t up yet. Meaning I would need to break my lease early.
For those who know anything about apartment living you know that breaking a lease can be a difficult thing to pull off. Your lease will no doubt state harsh penalties for breaking the lease early (from a few month’s rent to the remaining rent owed as part of your lease). While you can try and argue with your landlord, the fact of the matter is that they’ve got you by the balls.
My (successful) approach was to write a very official and business-like letter to my property manager explaining in a stern but non-threatening way my reasons for wanting out. As I couldn’t find one of these document templates on the web when I was writing mine I thought it might be useful to some of you out there to see what worked for me. (names have been excluded and some adjustments may be needed – MS Word and OpenOffice versions attached after the letter below)
Dear [property manager name],
I am writing you to inform you that we wish to terminate our lease early due to the ongoing dissatisfaction with the quality of life provided to us by the [apartment name] apartments. While we have always been pleased with the cooperation and understanding of you and the apartment management to our situation, the fact remains that the environment in our apartment is substandard, specifically with regard to the noises generated by neighboring units. Our complaints, and those of other tenants, of this prohibitive conduct as specified in section 20 of the Apartment Lease Contract have not changed the situation nor have they provided the “peace and quiet enjoyment” the [apartment name] is committed to providing (Section 11, Rules and Regulations).
It is our desire to be released from our lease without fault on [desired early lease termination date]. You can expect our full cooperation in showing the apartment during our remaining occupation to facilitate its immediate rental and prevent the [apartment name] from any financial losses. I hope that our immediate rental payment history and good-standing account sufficiently indicates our continued accountability and sincerity.
Again, we appreciate all the attempts that you have done as property manager to alleviate our dissatisfaction but have decided that it is in both parties’ best interests for us to vacate the unit. Please let us know the feasibility of our request and if we can do anything to make the process proceed smoothly and to your satisfaction. Also, please let us know if you would like us to speak directly with any other management parties about our request.
Thank you, again, for the consideration.
Sincerely,
MS Word version
OpenOffice 2.x version
OpenOffice 1.x version
If your landlord doesn’t buy your attempt at the matter, I would think you have a few more options, all of escalating implications:
- Get a real estate lawyer to write a letter on your behalf (the letterhead alone may be worth more than the contents, so if you have an attorney friend it may be worth hitting them up for the favor)
- Contact the Better Business Bureau to try and resolve the situation. You may want to notify your property manager that this is a next step at some point – my guess is they won’t want this hassle and may be willing to cooperate.
- Slander the F* out of them on the internet. Do a search for apartment reviews and let others know your experiences. If you can’t get out of your situation, at least make sure others don’t suffer.
Hey, I’m wondering what I should do if I just want to get out of my contract because I have a better deal? I can rent in a nicer place for less than half of what I pay here… but obviously I don’t want to just tell my landlord that. Any suggestions? I was under the impression that it was fairly easy to terminate a lease early, but the landlord just keeps your security deposit.
Any help soon would be greatly appreciated!
Gracias! I’m moving back home and I need to move out of my apt ASAP. This is just what I needed. Fingers crossed!
Thanks for the sample letter, it was just what I was looking for. Thanks for posting this and helping others suffering from the same situations!!
You know the saying, you catch more flies with honey… As a landlord, I wish our former tenants would have just been upfront with us about needing to get out of their lease early. If they would have, we could have advertised and probably gotten new tenants to move in when they left, costing them nothing, but instead we are losing out on rent because they just left without telling us. It is going to hurt them in the long run, because we may end up taking them to court, where they will be responsible for not only back rent but also legal fees and penalties. I’m sorry for everyone who has unreasonable landlords but many are understanding when you are polite and honest. Ryan is right though, legally, you are pretty much “stuck” unless you have a situation like Allie or Rachael above… you are entitled to reasonable enjoyment and safety of your property and if you clearly aren’t getting that you have legal recourse to get out of your lease. Good luck to all.
Lisa – great to hear a perspective from the other side of the equation. I agree that it’s best to be civil and professional when dealing with a situation like this – reverting to accusatory and argumentative behavior will get you nowhere.
Hi Ryan,
Thanks for the letter. My lease has been up for almost a year and told my landlord I was looking to move in the future not 1 yr later; and have been living month to month. I gave my word that even though he knows I am looking and my intent to move that I would give him a 30 day notice when the time came. I was not sure on how to write the letter; but thanks to your sample I have a good start. This landlord have been very kind and understanding with us so he deserve the time to place a good family in the home. We would stay but because I fell and injured myself it has become a hardship for my family. Thankful in Barrow County Ga
I want to thank you so much for your help. We have had a similair situation, however with Mice since we moved into this townhome. As the Landlord, and managment have been good with trying to take care of the problem, it still exsist. Our situation is that we just moved here from another state and signed a 8 month lease while looking for our own home. I have spoken to him and well the fact is that we will be penalized. I searched and searched until I came accross your letter. It was very well written, and I am so grateful that you are so willing to share your letter, as well as knowledge with the rest of the world. KARMA….you will get it in return. Thank you again.
I have a question for anyone that may have experienced this issue… I was on a 12 month lease and fulfilled 6 months on time. Unfortunately, I lost my job and contacted the property manager and asked if I could terminate my contract. He verbally agreed and asked that I just provided him with a 30 days notice. As a result of his kindness, I asked that he kpet my security deposit. After moving out (well before the 30 days given), I receive a nasty call from the new owner of the property demanding over $11,900 dollars in rent. I informed him of my arrangement with the previous property manager and said ” I dont care, I have you on a lease and you owe me the amount in full.” Furthermore, he said he would hold off on renting the apartment in order to hold me respomsible for the full amount. The previous property manager told me he had forwarded applications for the apartment on the day they closed escrow (4/27/07). After going back and forward, he agreed to release any responsability if I pay him $5,000.00. Is he trying to extort me at this point? Does my previous verbal agreement with the previous apartment manager even matter? Is imy verbal agreement with the previous apartment managert considered a binding agreement? I am now out of a job, with a wife and two children. I need some advise soon.
Thanks,
Jacques, you could try finding a sublettor for your apartment, as long as your lease doesn’t prohibit you from doing so. Also, in California at least, it looks like the damages the landlord can get from you are limited to an amount that you can prove could not be reasonably avoided. I think this means that if you can show it’s reasonable that the landlord can re-rent your unit within a certain time period, then you’re only obligated to pay for the un-rented time. (I’m not a lawyer, so you’ll have to check your State’s code or ask a lawyer.) Your State might also have code that specifically protects unemployed people from unreasonable rental fees such as this.
Of course, everybody should remember that leases are fundamentally wrong. I have about 5 or 6 reasons formally written down, but basically they sum up to this: if you own and live in a house, you can sell it at any time, perhaps with a reasonable cost for cleaning and such, and move, as long as it has value in the market; but a lease allows a landlord to extort money from renters and prohibit them from moving about freely, even though the apartment ostensibly has value, and could be re-rented with a minimal cost, just like a house owner selling a house. Landlords complain that it’s a hardship to have to re-rent an apartment. But if it’s such a great apartment, then a renter should be inspired to stay there. So if renters keep moving, it’s probably really because the apartment is overpriced compared to its value in the market. Leases are a device used to inflate prices of rental property, and to maintain rental housing as an industry, as a profit-making business, extorting money out of those less fortunate, rather than to allow housing to be a basic, compassionate good, like food, clothing, and healthcare. Remember: the fundamental purpose of rental housing is to take advantage of you. That being said, every renter should boycott leases, but almost none of you ever have the backbone to stand up for anything.
Thank you very much. This really helps. I don’t know what I would have done with out you man. Once again thank you.
fabulous website…
Hi Ryan
Wow- this is fab. Thanks for providing this FREE. I could not think of a better document template than the one you provided to those of us that need to get out of our lease. I appreciate it so much!! Thanks Thanks Thanks
Juan
Thank you very much,Your letter made my job easier..
Thank you so much for your assistance..
Wow, Thanks man, but my sicuation is different, I am moving to another town due to my work. Now I have to move but I’ll try this one. In Xhosa we “Enkosi” meaning thanks.
Thanks Ryan. Your letter was so helpful I got a reaction from my landlord but no word if they will return my security deposit.
Thank you for the info. I just moved 2 1/2 weeks ago to an apt in Huntintington Beach Ca. When I looked at the place in the day everything seemed fine but now that I’m in I never realized the hell it would become. My main complaint is smokers. Its summer & I moved from Las Vegas. While it is quite a bit cooler here,but its still a bit hot for me being used to air conditioning which my new place has none. I have fans in all the windows which I am getting used to. However I never have had this problem in over 25 years of renting. The building where I live has 24 units facing each other about 20 feet distance (12 on each side, 2 story) All night long (6 pm, 9pm 10 pm , 10:30, 12:00 am , 2:20 am , 5 am 6 am!!!!) people go out in front of their apartments and smoke. My windows are open to get air and the fans just suck in the smoke. With the windows closed you still smell it & its too hot anyways. I cannot sleep!!!!! Worse yet I have acute sinusitis & my son (who is 5) has Asthma. I’ve counted at least 8 people that I have eye witnessed smoking near my place. I spoke with the manager who was sympathetic and said she would speak to people and suggested I speak to them. I spoke with some of the people and they were nice but they still smoke in front of their unit anyway. She also told me of a unit coming available with only 3 others around it and she could not guarantee that they don’t smoke but there is nothing else around it so it would be better. Although it will be a huge hassle to move again , I think it will be best. She said she would speak to corporate about the other apt. but the guy told her absolutely not, no transfers. I asked to speak to the “corporate person” & she gave me the number but he won’t return my calls. In my lease there is a warning due to Proposition 65 stating that there are chemicals known to cause cancer in the state of california in this building incuding but not limited to car emissions, bbq’s, and second hand smoke. Yes, I read it but I figured that it was this required legal blanket statement. My situation I feel is accessive. I called Legal aid and they said that I could write a letter giving 30 days notice due to my inability to have “private enjoyment”, state the issues and attempts I’ve made to make them aware of the situation (phone calls, letters, talks with manager etc) and that the apartment is not habitible. They explained that this would hold up in court since it will more than likely go to court in that I will need to take them to small claims for my money back ( they made me pay 3 months in advance to move in!!! I will be fighting for 1 month at least and my deposit also they told me that I could sue for moving expenses too. So it will be a long drawn out battle which is awful yet there is a chance that they may let me move into the other unit if I push it enough. Wish me luck! and thanks for your template & website!
Ryan, Thankyou for the help with writing this letter, we are as of today turning in our 30 notice of terminating our lease 5 months early from Hidden Lakes Apartments in Clarkston, Michigan. Like many above they entice you with all the sweetness to get you to sign with there apartments but after the fact it is pure hell. We are dealing with Black Mold, Breeds of Dogs that shouldnt be here and the fact that my health is on the line with regimens of Immune Suppressents to try to stop a disease that is causing me to loose my vision. I have letters from my doctors but I just know how our management team works. Thanks Again… You are Wonderful!
Thank you so much! My boyfriend and I had no choice but to move into this apartment complex, but after six months, we have come to realize that this is not a diserable place to live. We have found a much nicer and much SAFER apartment complex, and can’t wait to leave this place. This will help a lot. Good luck to you all that having problems.
Thanks Ryan!
Like others have said, you are the only link out here who really provides a letter for terminating your lease. I appreciate you!
Ryan thank you for this letter set-up this will really come in handie God Bless you!
Ryan…interesting website and letter…
I am a landlord and was shocked when circumstances required me to become a renter after 20 years. It was hell. The smoker upstairs, the noise, the lack of privacy and then, having to deal with management was awful. The worst part, I tried talking to attorneys and found out that renters have little recourse in the case of leases and my responsiblilities were no different than if I had purchased the home (i.e., fixing the dishwasher myself, being threatened to fix the range due to a light that would not turn off etc… ) and having the option of finding a replacement renter with approved references and simultaneously being informed by management that the rent would be increased $500 for any new renter!
Since then I bought a house and I had a leak that had ruined a section of hardwood floor in my kitchen. My thought: it was a far better situation to be in than ever trying to deal with uncaring and inhumane people. I hope to NEVER have to rent again…
Scott
P.S. I am still a landlord and as long as I get my rent, I leave the people alone…and even do some maintainence myself…
Ryan,
I feel like I am in a no win situation, my husband and I leased an aparment in St. Clair Shores, MI with a third party rental agency and now my husband and I are on the brink of divorce. I explained to the rental agency that without my husband I am not able to afford the apartment and he is not able to afford the apartment with me. We had to pay them $1800 security deposit which I should have known better but I needed to move right away because my lease was coming up at my previous apartment. I asked them about sub-leasing the apartment out and they said that they would have to still go through the same process as we did and we would have to pay them over $300.00 for a one time fee. I asked could I lease the apartment out for less and I pay the difference but they said no. I don’t know what to do, I want to just move out but I am afraid of the consequences and I tried talking to lawyers but they too said that I was in a no win situation. I appreciate your letter but I don’t think that it would help in my situation.
Thank you so much! This has been excellent information and tools!!!
I too am in Richmond, I moved here a little over a year ago from New York and got stuck in this apartment. I wanted out so bad that I was willing to take the penalty. Then I found your letter, its excellent. I hope it works out.
thank you so much for this information! i am drafting my letter right now and this one is excellent. wow i am amazed at how many people absolutely hate their living conditions.
well once again thanks for your help!
Nice
Thank you soo much—we are going through the same situation and the complex is doing NOTHING about it—we are furious—we have the cops at our apartment every weekend—so hopefully they do the right thing and just let us out without penalty :) Thanks again!!!
Thank you soo much—we are going through the same situation and the complex is doing NOTHING about it—we are furious—we have the cops at our apartment every weekend—so hopefully they do the right thing and just let us out without penalty :) Thanks again!!!
We are in a very similar situation and am thankful that I came across your letter. It saved me a lot of time! Thanks for sharing it with the world!
I am plagued with a similiar situation in that my apartment has paper thin walls. Couple this with the fact that my upstairs neigbors have 3 children under the age of five. The kids are allowed to run, jump and shout all hours of the day and through out the night and predawn hours. I’ve talked to them about it, as well as called the landlord and mailed certified letters but the noise continues. I was about to terminate my lease early, ruin my credit and rental history until I found your letter which is like a God send. God Bless You and Thank You, Thank You, Thank You!!
I will use this letter and hope i will be able to get out of my Lease. Thank You
Thank you for the letter. It is very well written and will definitely help me with my problem! I searched the net and almost gave up.
THANKS AGAIN!
wonderful! keep your good work up!
Thank you!!!
My son is in a very poor situation. He leased an apartment with his girlfriend for 1 year.They argue so much that I begged him not to go in a lease with her. He was so determined to be out on his own, that he did it anyways. Now the relationship is so bad, that he wants out. He cannot make it there on his own so he wants to try to get out of it. This is in Harrison Twp., Mi. Do you think he has a chance? This whole thing is making me crazy.
I am in a very bad situation, and I don’t think your letter will work, but at this point, I am willing to try anything….. (Maybe someone has advise) I have to have surgery in a couple weeks, and my lease isn’t up until May of this year…. I live in Southern California, and the complex I am at is pretty strick….. I will not be able to work, therefore, I will not be able to pay, so I am moving home. I don’t know how to get out of this lease, and I can’t sublease to anyone, per the terms of the lease agreement. HELP!
Thank you so much!! I am not in a particularly bad situation, I just had to move to another area (distance issue). Well, I am so glad that I read this because it gave me an idea on how to construct my own letter to management. What’s the best part is that although I am losing my security deposit, they will not charge me the remaining amount on the lease (9 months of rent). Your website is a gem!
Ryan, thanks so much for this information. I needed a letter to write to my apt complex because I just can’t stay there another month and I only have one month left, so I found another place and have intentions of leaving before the end of Feb.
thanks so much for sharing your experience!
Unfortunately, for my situation: LET THE SLANDERING BEGIN!
Thanx so much for the help! I thought I was going to have to search through alot of sites before I found a winner, but got this on the first draw =)
I believe my apartment manager and maintainence are stealing from my apartment and I need out. My lease says it begins in december, but i moved in in november and i was told it was a 6mths lease but on my lease it says 12-7. I need out of here by May I don’t feel safe and I can’t be sure they won’t keep taking things.
you are very kind to do this for everyone out there that has a bad landlrod and/or bad neigbors. Thanks .
Thank you so much for this template. I have had noise problems with my neighbor upstairs since day 1. I have complained on the phone, in person, and by certified mail. The noise stopped… briefly. This woman leaves about the time my husband and I go to bed and comes home around 3 or 4 am being very noisy and stomping around for a few hours. He and I both get up fairly early. It drives me insane and I don’t do well when my sleep is disturbed. I have 4 months left on my 6 month lease and I am giving my 30 day notice, I just wasn’t sure how to compose my letter. Thank you so much for sharing yours! I only hope it works…
I need someones advise, I am sort of in the same situation as some of these people, but I am in a rent to own lease for 1 year. Just learning now that there is a guy that lives across the street from me and is a pedofile. Who has just recently been in trouble for trying to solicit sex to a minor child. I am worried about my children being approached by this gentlemen. Any advise on how to terminate lease early without being penalized? Obviously I will not purchase the house at the end of my lease, but want to break my lease now instead of 4 months from now.
I found this letter a really helpful first step. Unfortunately for me the management thinks my apartment complex is really upscale and doesn’t think that its wrong that you can hear everything and I mean everything your upstairs neighbor does. As I write this he is stomping across the floor and throwing things around. He keeps us up all hours of the night and living here is worse than living with my parents, they tell me what I can have on my patio and when I can take my trash out. He had a female freind over and the bedsprings were creaking and my kids were scared the ceiling was going to cave in and they don’t feel safe here my 5 yr old would rather sleep in his car seat in our van than sleep in our apt. We found a pre-paid legal service and got connected to a lawyer thru them and I feel a lot better. We have found a new place and will be moving soon and then we will have some very nice landlords!
THANKS! That was very selfless of you and you are greatly appreciated. Beautiful work.
thank you for free advise you are the man.
This letter seems very helpful and it is great to read that other people out there have the same problems as I do. I recently moved across the country and into my own apartment. It seemed like a great place till things started going wrong with everything. I had a leak above my shower that was like a waterfall coming through the ceiling and all they did was put a new piece of drywall over it and didn’t even finish it. Then I have had the circuit breaker for the whole apartment shut off multiple times and this last time was the worst since I was gone for the weekend and all the food I just purchased in my fridge went bad. I don’t know if that is enough to get out of a lease early but I really need to get out. Anyone have any suggestions on something I can do. It is up in July but I need out now. Thanks in advance to anyone who has any ideas?
thank you for this letter. my situation is similar to all of yours, when i read them, it makes me feel sooo bad that another person has to experience the hell of a bad neighbor. why cant all of them move into together!
but hopefully, this can get me out of my lease. thanks again!!!
What have the outcomes been for all of your situations? I am curious because I am contemplating an attempt to terminate my lease by I fear they will decline and I will be stuck here with an even more awkward relationship between us and the management.
you sir, are a complete badass. thanks for the help. this is exactly what i needed!
thanx you so much damn blood sucker tryna get sumthing for nothing your info was all i could hope for.
Thanks so much for this info…I greatly appreciate you and your help!!!
EXACTLY what I was looking for!!! I’ll be back!!!
EXACTLY what I was looking for!!! I’ll be back!!!
Thank you so much for your help Ryan!