Lease agreements usually end on a fix term or date. But sometimes situations happen and a tenant would want to break off from the lease earlier. There are many reasons why you would want to break the lease. Maybe you have to relocate for your job, move in with your partner, or you just want a new scene.
Whatever the reason is, breaking up a lease earlier is normal. But it can do get awkward especially when you’re about to tell it with your landlord. Breaking your lease earlier also means that you have to shell out money. And who wants to pay for those remaining months, especially if you’re the one who’s aggravated in the first place?
So what’s the best way to break up the lease without burning wallets and bridges with your landlord? Just do the following checklist and you’ll be good to go:
1. Check your lease terms
Pull out your lease agreement from your documents and review it. Search for any opt out clauses that allows you to break off from your lease earlier than the expected date. Some of these opt out clauses actually tells you to pay the landlord fine so you better rigorously check it.
2. Negotiate with your landlord
If your landlord is someone who you can actually talk to and negotiate with then do it. Of course it will be hard for the landlord if the tenant leaves, especially if this is the landlord’s sole source of income. If you’re leaving the house because of some issues that can be fixed right away, maybe this is the time to tell the landlord all of those issues so that he or she can help you solve them. Or better yet, negotiate with the payment terms. You can tell the landlord that he or she can keep the security deposit or that you will pay for the last two months of the rent – if that’s okay with you.
3. Recommend new tenants
Tell your landlord that you are willing to stay until he or she finds a new tenant. You can also help the landlord find a new tenant or maybe recommend the place to some people. Upload the property on property portals to get more audience or tell your place about it. In this way, the landlord will have a new source of income and you can get your freedom without feeling any guilt.
4. Sublease
If these things won’t work out then you can choose to sublease the place. This way you can pay for the remaining rent until the end of your lease, and you still get to relocate. But before you sublease, you still have to get permission from the landlord because subleasing without consent is illegal in the Philippines. Talk to your landlord about this idea then if he or she approves then it’s time to get packing!
5. Document everything
When your landlord refuse to negotiate, then it’s time to prepare for battle. Again, you are dealing with a legal matter. If you think the landlord is not cooperating with you, then you better have a backup. Take photos of certain house issues that the landlord didn’t fix. Retrieve emails that you have sent to your landlord or to the property manager. Make copies of the various documents that you have signed including receipts of your payment. You might need these documents later.
6. Opt for “constructive eviction”
Constructive eviction occurs when a property is inhabitable due to certain factors such as health risks, lack of security, or failure to give tenants basic necessities such as heat and water. A tenant may claim constructive eviction by writing the landlord a notice and giving him or her a time to solve the failures mentioned above. Again, it’s very important to document everything and to bring a third party to check on what is going on.
7. Get legal advice
Get a lawyer who can go over your documents and help you strategize on what to do next. Your lawyer can also talk to your landlord so that the two of you will be able to meet in the middle. Quip yourself with the right knowledge by knowing the basic rights of tenants here in the Philippines.
In the end, a heart to heart with your landlord is the best way to get out of this sticky situation. Find a place where the two of you can meet and from there you and your landlord can move on fair and square.
Image source: http://www.persquare.com.ph/for-sale/condominium-ncr-metro-manila-taguig/condo-in-taguig-acacia-estates-by-dmci-pre-selling-ready-for-occupancy_aa37273864363ce277d7545c148efb424a61d64 – DMCI Homes
