ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Tenants

How can the tenant terminate the legal obligation of the lease?

There are three ways for the tenant to get out of the rental obligation:

1. Termination for legal misconduct by the landlord

2. Replacement in the premises by a new tenant

3. Agreement between the landlord and the tenant

Failure to maintain the premises may constitute legal misconduct. Local laws may provide for termination of the lease if the landlord violates other provisions of the law, such as by abusing access to the premises or failing to disclose code violations cited by the municipality.

If another tenant replaces the existing tenant, the first tenant can avoid the rental obligation. The landlord cannot legally collect from the original tenant if the replacement tenant pays the full rent.

Obviously, the landlord and the tenant can end the tenancy by mutual agreement. This simple approach is often overlooked, but should always be attempted first.