Lease Agreement Termination: Rights For International Students

International students face unique challenges when it comes to renting, and the COVID-19 pandemic has only exacerbated these difficulties. In this context, many international students have lost their jobs and are struggling to pay rent, which has led some to consider breaking their lease agreements. While the specific regulations vary across countries and even within different regions of the same country, this paragraph aims to provide a general overview of the considerations for international students seeking to break their leases.

Can I break a lease agreement as an international student?

Negotiate with the landlord

Negotiating with your landlord is one of the primary ways to break a lease agreement as an international student. While a landlord is not required to negotiate, it is often possible to pay a penalty fee to be released from the lease early.

When negotiating with your landlord, it is important to be honest and direct. Explain your situation and why you need to break the lease. If you are facing economic hardships, for example, let the landlord know. They may be willing to work with you to find a solution that benefits both parties.

In some cases, the landlord may offer a lease break option that involves paying a certain amount of rent plus any "free months" given at the beginning of the lease. This usually refers to any lease signing offer, such as one month free when you sign. If this is not specified in your lease, it may not be relevant. Ask the landlord to calculate the exact difference and provide this information to you in writing.

If you are unable to pay the lease break penalty fee, you can try to negotiate a loan from the landlord. Offer to demonstrate your character by figuring out a payout schedule and documenting your payments. This will show that you are a person of your word and are making an effort to fulfil your obligations.

Remember that breaking a lease without the landlord's consent can have negative consequences. It may impact your credit history and make it difficult for you to find a place to live in the future. It is always best to try to negotiate a mutually agreeable solution with the landlord before taking any unilateral action.

Find a clause in the lease that permits early termination

When looking for a clause in your lease that permits early termination, it is important to note that these are rare. However, there are a few things you can look out for that may allow you to end your lease early.

First, check if there is any mention of a notice period, typically 30-60 days, that would allow you to terminate the lease early. This is often coupled with a termination fee, which is usually one to two months' worth of rent, or the maximum allowable by law, whichever is less. This is to cover the landlord for a few months of an empty unit while they search for a new tenant. If you are an international student facing economic hardship, you may be able to negotiate this fee with your landlord.

Second, check if there is a clause that mentions subletting. Subletting can be a way to get out of your lease early, but it is important to note that this may not be allowed in your lease, and you may need to get permission from your landlord first.

Third, check if there are any extenuating circumstances mentioned in the lease that would permit early termination. For example, some leases may allow for early termination in the case of a natural disaster or a family emergency.

Finally, it is important to note that if you break your lease early, you may lose your security deposit and you may also be responsible for any rent owed up to the termination date.

Threaten to sue the landlord for breach of lease

As an international student, you have several options to consider if you need to break your lease agreement. One option is to threaten to sue your landlord for breach of lease. This can be an effective strategy, but it's important to understand your rights and the potential risks involved.

Firstly, you need to identify if your landlord has breached the terms of the lease agreement. This could include various situations, such as illegal provisions in the agreement, failure to make necessary repairs, or intrusion without proper notice. For example, landlords cannot legally add a clause that allows them to force you out whenever they want, deny responsibility for repairs, or prohibit service animals. If your landlord has included such provisions in the lease, you may have grounds to sue for breach of contract.

Before taking legal action, it is recommended to follow certain steps. Start by contacting your landlord in writing, clearly stating your concerns and what needs to be done to resolve the issue. Give them a reasonable deadline to respond and take appropriate action. Keep a record of all your communications, as this documentation can be crucial if you decide to proceed with legal action.

If your landlord fails to address your concerns, you could try mediation by involving an impartial third party to help facilitate a satisfactory agreement between both parties. This approach can help you avoid the costly and time-consuming process of going to court. However, if mediation is unsuccessful, you may need to escalate the matter.

You have the legal right to take your landlord to court for breaching the lease agreement. The court can enforce the terms of the lease and may award you damages or force your landlord to comply with their obligations. However, it is important to consider the potential disadvantages of litigation, including the financial burden of filing fees, attorney fees, and court costs, as well as the time and effort involved in pursuing a lawsuit.

In conclusion, threatening to sue your landlord for breach of lease can be a valid option for international students seeking to break their lease agreement. However, it is important to carefully assess your situation, understand your rights, and follow the appropriate steps to resolve the issue amicably before resorting to legal action.

Subletting

However, subletting is not always a straightforward process. Before considering subletting, it's important to understand the concept of joint and several liability. In a situation where there are multiple tenants, the landlord has the right to collect the full rent from any one of the tenants, regardless of how the rent is divided among them. Therefore, if a subletter fails to pay their portion of the rent, the remaining tenants may be held responsible.

Additionally, subletting requires the approval of the landlord, and the original tenant will still be liable under the lease. The process of finding a suitable subletter can also be challenging, and the original tenant may have to take on this responsibility.

While subletting can be a viable option for breaking a lease, it is recommended to explore other options first, such as negotiating with the landlord or finding a clause in the lease that permits early termination.

Lose your security deposit

If you are an international student looking to break your lease, you may have to forfeit your security deposit. Security deposits are typically taken at the beginning of a lease and are held in security, sometimes in an escrow account, for the entirety of the lease. They are used to cover any repairs that may be needed at the end of a lease, with the remaining amount refunded to the tenant. However, in the case of a lease break, the landlord may be within their rights to keep the security deposit to cover early termination fees.

The laws that determine what a security deposit can be used for vary from state to state in the US. In many states, security deposits can be used to cover unpaid rent, unpaid utilities, or lease violation fees. In the case of an early lease termination, the landlord may use the security deposit to cover the remaining rent for the lease period, as well as any utility bills or other fees that accrue. If the security deposit does not cover all the fees, the landlord may take the tenant to court to recover the full amount.

It is important to review the lease agreement and local laws to understand the specific penalties for breaking a lease. There may be a specific clause outlining the fees and penalties for early termination, such as a determined fee, a notice period, or a "rent until re-rented" clause. In some cases, the security deposit may be sufficient to cover these penalties, but in other cases, additional fees may be incurred.

It is worth noting that simply breaking a lease and running can cause issues for tenants. It may be difficult to find a place to live in the future, and there may be repercussions beyond just withholding security deposit funds. Therefore, it is advisable to negotiate with the landlord and try to come to a mutual agreement, such as finding a subleaser to take over the lease.

Frequently asked questions