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EspañolV got A out of home with RO - now she wants to break her lease
When two people are both on the lease and one person wants to get out of the lease, generally the landlord does not have to let that person off of the lease, because a lease is a legal contract. Usually, both people who sign a lease are liable to the landlord for the year’s rent so the landlord could sue either one for the rent.
However, in many states, there are laws that allow domestic violence victims to break their leases to stay safe from an abuser. [CHECK TO SEE IF WE HAVE STATE-SPECIFIC QUESTIONS ABOUT BREAKING A LEASE EARLY BY GOING TO LEGAL INFORMATION FOR THE STATE AND SEE IF THERE IS A HOUSING LAWS SECTION. ALTERNATIVELY, GO TO THE GENERAL HOUSING LAWS PAGE AND SEE IF THE USER’S STATE APPEARS IN THE DROP-DOWN MENU. IF THERE ARE STATE-SPECIFIC QUESTIONS ABOUT LEASE TERMINATION, LINK TO THOSE SPECIFIC QUESTION(S).]
[IF NOT, LINK TO THE NHLP CHART BELOW:] Although we don’t have any information about this for your state, I looked at a chart that is put together by the National Housing Law Project (updated in February 2024), a national non-profit organization. To see the laws that they list regarding domestic violence and housing in your state - go to page [FILL IN] for your state. Please know that WomensLaw is not affiliated with this website and cannot vouch for the information contained in it. We provide it for your information only – you may want to verify the information with a lawyer in your state.
[IF YOU DON’T SEE THE LAW THAT SHE IS LOOKING FOR, ADD:] You may want to reach out to your state’s Coalition Against Domestic Violence [HYPERLINK TO STATEWIDE PROGRAMS] or your local legal services office [HYPERLINK] to ask if there is a law in your state that would fit your situation.
[IF USER IS IN PUBLIC HOUSING, HAS SECTION 8, OR MAY BE IN SOME OTHER KIND OF FEDERALLY SUBSIDIZED HOUSING, CONSIDER INCLUDING INFO ABOUT VAWA HOUSING PROTECTIONS.]
Even if there are no specific laws that allow someone to end their lease early because of domestic violence, a tenant who needs to move for safety might consider approaching the landlord to see if they will voluntarily let the person out of the lease based on the situation. The tenant could perhaps explain that they got a restraining order because the co-tenant is violent and that it is for the landlord’s protection to not have them be near his building or other tenants. As long as the tenant who is the victim of the abuse stays in the apartment, there is a risk that the abuser will come back and cause property damage to the building or something along those lines. If the landlord does let the tenant out of the lease, the tenant would want to get something in writing from the landlord saying that they are letting the person out of the lease without penalty. Another option, if the landlord doesn’t let the tenant out of the lease may be for the tenant to try to sublet the apartment to someone else. I am not sure if in your state, you need the landlord’s permission to sublet or not.
You may wish to speak with a lawyer who specializes in landlord-tenant law to see if there are any other rights that you may have and get specific advice for your situation. Here are links to lawyers on our website [LINK TO STATE FINDING A LAWYER PAGE].
