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Can I break my lease without penalty

Alexandria, VA |

My wife and I have decided to move out of our apartment. We just purchased a house that we close on in a few days. If we must pay the rent for the apartment and the mortgage of our new house we can afford it but hope to not be stuck in that situation.

What motivated us to start looking elsewhere was because our building is doing renovations to the garage and the two guaranteed spaces we had were very convenient but for two months and for another two months we only have one parking space that is not in our building. Even though this isn't the landlords fault, we didn't sign the lease and with this inconvenience associated with it.

Is it possible to break our lease in this situation, or can we find another way out of our lease?

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Attorney answers 2


It will depend on the wording of your lease as to whether the complex has an obligation to guarantee you those two (2) spaces and whether the inability to use those spaces comes down to your landlord's fault. Moreover there may be a provision in the lease that protects the landlord in situations like this.

Regardless, it's unlikely that you have a situation here that will entitle you to break your lease. Your lease is a contractual obligation independent of your decision to purchase a house.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


Almost certainly not. Take your lease agreement to a local attorney and let them review its provisions. Don't duck out on the lease until you fully understand the liability involved and the downstream costs.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.