Home > Research Legal Advice > Contracts / Agreements > Terminating lease early with no provisions in the lease
Asked over 1 year ago - Bonney Lake, WA
FlagMy lease only states that I must provide written notice of termination within 30 days and does not state any penalties for breaking the lease prior to the termination of the lease. I gave more than double that to the property manager. Am I still liable for the remaining 4 months rent? We paid a security deposit and nothing states that even that will be forfeited. We are vacating so that we can purchase a home. Are we in the clear or can we expect to pay two house payments for a few months?
What would be the point for the landlord to sign a lease with you if you can leave any time you want? During the lease term, the landlord would not be able to raise your rent or remove you without cause, and you would be free to leave.
The default in the law in WA is that a tenant is liable for the balance of the lease when the tenant leaves earlier than what is in the lease. On the other hand, the landlord has to make reasonable efforts to mitigate damages. If the landlord and tenant cannot agree, the court will determine how much the landlord will get. Unless your rental are difficult to rent out, the court probably would give the landlord one month rent.
Unless you have already signed the closing papers for the house purchase, you should plan for the closing to be delayed. Things seem to always come up, delaying your moving into the new house.
Moreover, as a practical matter, if you are planning to remodel the newly bought house, doing the remodel while you have not moved into the house would be better. Once your belongings are in the house, you may not have the room to do the remodeling.
You can review the specific facts with your attorney to find out your legal options.
It is impossible to answer your question without seeing the lease itself and reading the appropriate provisions. However, based upon the facts that you have provided, I will say that you can probably get out of paying the last few months of rent. BUT, here are the qualifications for that answer:
1. What is the term of your lease agreement? Is it a month-to-month lease? Is it a year-to-year lease or a specified time period?
• If you signed a month-to-month lease, Washington Code provides that you may terminate the lease “by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy” (RCW 59.18.200). Since you have provided more than the required notice, then you should be able to lawfully terminate the lease.
• If you signed a year-to-year lease or a lease for a specified term, then the lease terminates at the end of the specified time. However, if your written agreement specifies that you may terminate upon 30 days’ notice, then you may terminate so long as you have met all the specified conditions for doing so.
• Did you give proper notice? Does the lease have a provision regarding delivering notices? When you told the property manager you would be terminating, did you put it in writing? Does the lease require that notices be mailed in a certain manner to a certain address?
2. Does the termination provision refer to a specific time period during which the lease may be terminated? Many leases renew automatically unless you send a notice to indicate that you will not renew. Is this what the termination clause refers to?
3. Does the lease specify whether there needs to be cause (a reason) for termination?
4. You say that the lease “does not state any penalties for breaking the lease”. Are you certain? If not specified in the termination provision, what about under landlord’s remedies?
Assuming you gave notice in accordance with the lease provisions, and the answer to the remaining questions posed above are negative, then you should be able to terminate without consequence. In the absence of qualifications or requirements for termination, I believe that, upon proper notice, you can terminate your lease. So long as your rent and additional rent is paid up to the date you vacate the premises and you leave the premises in a good, clean, and sanitary condition (or whatever condition is required by the terms of your lease), you should be released from further obligations, and receive your security deposit within 2 weeks after you vacate and return the keys.
I recommend that you take a copy of your lease to a local real estate attorney for a thorough review. This can probably be accomplished within an hour or two, and shouldn’t cost much if anything, and will likely save you a few months’ worth of rent.
Good luck.
No one can tell you about your rights under a written agreement without reviewing that agreement. Assuming you have a complete right to terminate with 30 day notice and you followed the notice procedures in the lease, you may be fine. You may not. It all depends on the lease terms.
If you want advice on your lease speak with a local landlord tenant lawyer so they can review and advise you on your rights.
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