Whatshot
Can you terminate a lease agreement without recourse
Can you terminate a lease agreement without recourse
Date: 2017-03-03
Under what circumstances can a tenant terminate their tenancy without breaching their contract agreement
There are a number of possible reasons that could arise that lead to a tenant wanting to terminate their lease agreement before it has run its course, however, it is possible for them to get out of a lease agreement without being in breach of the contract
The answer to the question will depend on the cancellation clause within the lease agreement. Unless there are grounds for cancellation of the agreement, which are stipulated in the cancellation clause, it can be rather difficult to get out of a lease agreement without any recourse. Even if the lease agreement doesn't contain a cancellation clause, the tenant can still be considered to be in breach of the agreement if they decide to terminate the contract prematurely. If the tenant has breached the contract, the landlord is within their rights to demand that the tenant pays the rental amount due to them for the remainder of the agreed upon tenancy period.
That if a landlord has met all the conditions of the lease, the tenant cannot simply terminate the lease agreement. They will have to discuss the matter with the landlord and possibly come to a mutual agreement, such as another tenant taking over the current lease agreement or subletting the property for the remainder of the lease period. It is imperative that any agreement made between the two parties is put in writing to avoid any confusion or backlash further down the line.