<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rs2000:
My lease has a clause for automatic renewal for 1 full year unless there is written notification 90 days prior. My lease ends August 1st, so I would have to have given written notification by May 1st. This means that according to my lease, I have been renewed for another full year, through August 1st of 2001. I would like to move out as of August 1. What are my options?<HR></BLOCKQUOTE>
My response:
You can break a fixed-term lease before the expiration date agreed upon, although it's not always easy or cheap.
There are six ways of breaking a lease:
* By mutual agreement between the landlord and tenant. The agreement should be put in writing stating what costs, if any, you will have to pay.
* If the landlord has broken the law or the tenancy agreement by, for example, refusing to do repairs or entering you home without notifying you, you may be able to end the lease legally. Contact your Tenant's Union or a Tenants Advice Service for advice if you are in this situation.
* If you know someone who can take over the tenancy, or you can find someone by advertising yourself, you can 'assign' the lease to them as new tenants. You will need the landlord's consent, although s/he cannot unreasonably refuse. In this situation, the new tenant will take over the rest of the term of your lease, unless they negotiate otherwise with the landlord. You will be liable for the rent up until the new tenant/s move in.
* If your circumstances have changed since you started the tenancy, and staying at the premises will cause you hardship, the lease can be ended by an Order by a court of competent jurisdiction. Again, get advice in this situation.
* If the property is destroyed, rendered unsafe or unfit for human habitation, you can end the lease.
* If none of the above methods apply, you can still end a lease before it expires although it can be costly. You will need to give as much notice as possible in writing, specifying the date you intend to vacate. The landlord/agent is likely to charge you a reletting fee, advertising costs and the rent up until new tenant/s move in. These charges can be avoided or lessened, particularly if you find the new tenants yourself.
* If you do not have a lease for a fixed term, or your lease is about to expire, you can terminate the tenancy simply by giving 30 days notice in writing, stating the date on which you intend to vacate.
IAAL
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