When a landlord decides to rent out one of their rental properties and has chosen their ideal applicant to lease said rental property to, a lease agreement is created for both the landlord and rental applicant to sign. Lease agreements are created to protect both landlords and tenants throughout the specified duration of the lease. While there are many things that should be considered when constructing a good lease agreement, perhaps the most important section for landlords that should be focused on is the “violation of lease agreement” clause, which should clearly stipulate what happens when a tenant violates their lease agreement or when a tenant breaks their lease early.

 However, even when there is an iron-clad lease agreement in place, there are a few situations where a tenant is legally allowed to break their lease agreement early completely penalty free. Here are 5 reasons why tenants can break their lease penalty free.

1. Landlord Harassment or Rules of Entry Violation

 Just because the landlord legally owns the rental property, this does not mean they can do whatever they want, whenever they want when a tenant is occupying their rental property. For example, in order for a landlord or property management company to enter the rental property while it is being occupied by a tenant they must usually give the tenant a minimum of 24 hours noticed and also must have a valid legal reason to enter the rental property. Some examples of valid reasons are:

• To make necessary repairs to appliances or the rental unit itself.
• To inspect the rental unit for damage or routine inspection reasons.
• In the case of an emergency like a fire, gas leak, or similar severe situations.
• To show the rental property to prospective tenants toward the end of the current tenant’s lease agreement.

 If certain rules and guidelines are not followed, the tenant may be able to legally break their lease early. Some of these instances are:

• If the landlord enters the premises without any prior notice or valid emergency reason.
• If the landlord enters the premises for invalid reasons that are not legally recognized.
• If the landlord continuously harasses the tenant while they occupy the property.

 If one of the instances listed above occurs, the tenant is usually required to get a court order to make the landlord stop. If the landlord refuses the court order or does not stop the unacceptable behavior, the tenant is legally allowed to break their lease agreement early and move out.

2. Tenant is Active Duty Military

 A tenant who is active duty military has certain legal protection that other tenants do not in the event that they receive orders to relocate for service reasons (change of station orders). The Servicemembers Civil Relief Act (SCRA) is in place for active duty military members for these exact reasons. If an active duty military tenant receives orders to relocate for longer than 90-days, that tenant can break their lease agreement penalty free by doing the following:

• Contact the landlord and provide them with written notice that you intend to terminate the lease early (state the reason why).
• Typically, this notice must be sent to the landlord at least 30 days before the desired date of termination.
• The tenant is usually required to provide proof of the reason they are terminating the lease early (I.E. – a copy of the military change of station orders).

 If the above criteria are met, the tenant is legally allowed to terminate their lease agreement early without penalty.

3. Tenant is a Victim of Domestic Violence

 In most states these days, tenants who have been victims of domestic violence can usually terminate their lease agreement early. As a general rule of thumb, the acts of domestic violence committed need to have had occurred recently (anywhere between three to six months). If this is the case, the tenant can go about breaking their lease early be following these steps:

• Contact and provide the landlord with written notice of your intent to vacate. Tenant must provide the written notice at least 30-days prior to their intended departure date (some states do require more notice, though typically 30-days is enough in these instances).
• Once the written notice has been sent and received, the tenant only needs to pay rent for the remainder of their physical stay within the rental property.

 Although it is not always required, the landlord of the rental property does have a legal right to request proof of the domestic violence arrest if he/she feels inclined to do so. A copy of the police report, restraining order, order of protection, or formal written note from your domestic violence lawyer are usually acceptable forms of proof in these situations.

4. Rental Property in Violation of Minimum Habitability Standards

 Landlords have certain responsibilities of maintaining their rental properties while tenants occupy them. One of these is ensuring that the property is always in a “habitable” condition. Some of the more common responsibilities that fall on landlords with regards to maintaining rental properties are:

• Providing proper trash cans for garbage pick up in single family homes and townhomes (apartments typically do not apply).
• Ensuring that tenants always have running water.
• Making sure that common areas are cleaned regularly and not hazardous.
• Performing necessary repairs in a timely manner.
• ALWAYS following Health and Safety Codes.

 If a landlord fails to abide by any of these responsibilities, tenants can either complain directly to the landlord via written notice or can file a direct complain with the Health and Safety Department. If the claims are valid, the landlord will have a certain number of days to correct the issues. If the landlord fails to do so, the tenants can break their lease penalty free.

5. Landlord and Tenant Agreement

 The last reason on our list tenants can break their lease penalty free is by far the simplest and easiest of all routes. If the tenants and landlord both mutually agree to terminate the lease agreement early, then the tenants can break their lease penalty free. While these types of agreements are not very common, they are definitely the easiest to implement when all parties involved are in agreement.

 Navigating the complexities of lease agreements can be difficult for both landlords and tenants. In a city as transient as Las Vegas where people are constantly coming and going, having a strong lease agreement in place is a must. A reputable and experienced Las Vegas property management company can help make sure your lease agreement is written properly and is legally binding. If you are in need of assistance with managing your Las Vegas or Henderson rental property, contact the Black & Cherry property management team today to find out how we can help make your life easier and more stress free.