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How do I terminate a lease early?

Goodyear, AZ |

I moved to Az in Oct (from IA) with the intention of buying a house in 1-1.5 yrs, and renting to get to know my way around. Signed an 18 mo lease, thought there was an early out clause in lease, as I had discussed buying a house with homeowners, and they agreed to flexible lease terms. Unfortunately, the lease was not signed by either of us until I was already in the house d/t logistics (moved in sight unseen, still have not met homeowner).
I have found a house to purchase much sooner than I anticipated, however, homeowners now do not want to lt me out of lease. It is a very nice house, with a pool, and extremely reasonable rent. They will, I am sure, have no difficuly rerenting it.
Also, any advice on possibly subleasing if I cannot get out of my lease? There is no clause preventing it.

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Attorney answers 1


Absent an express prohibition, subleasing and assigning the lease are both available options for you.

Regarding the lease, we are all free to break contracts whenever we wish; we just have to pay the other party their damages for the breach. Here, while it would still be advantageous to work out an agreement with the landlord, you can nonetheless break the lease which will trigger an obligation on landlord's part to mitigate its damages.

A strategy may be to threaten to sublease to someone that they won't know; they may prefer to have control over who is living there. But remember, if you do sublease, you are responsible for your tenant.

Anyway, a bunch of short answers to your question. Hope it helps.

Robert Nagle

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