A fairly common question from tenants when looking for apartments or signing a lease or even when the tenant is already in the apartment. Can I end a tenancy agreement early? What is the deposit return policy on termination of a lease agreement early? What can I do to minimize the penalty for early termination? How to notice of termination of the tenancy agreement early? And there are many other worries tenants are wondering about the termination of the tenancy agreement early.
Termination of tenancy agreement early: How to minimize penalties
If you are also thinking of termination of a lease agreement early, be cautious and do it the right way. Remember, you have signed and agreed to perform the agreements set forth in the tenancy agreement between you and the landlord. These are the legal constraints that your actions need to follow in order not to violate the lease agreement.
Check out the helpful resources below to help you as a tenant ending a tenancy agreement early:
What is early termination of the rental agreement?
Terminating a rental agreement early or ending a tenancy agreement before the end of the lease is an action where a tenant cannot continue the lease or wishes to leave early. For reasons arising from the tenant or due to a serious break out of a contract by the landlord.
Any detailed tenancy should include provisions around termination of tenancy agreement early. Usually, this comes with specific conditions that need to be met or penalties for ending a tenancy agreement early.
Can I end a lease agreement early?
You have the right to end your tenancy early, as long as it is written in the detailed tenancy agreement. You will need to give your landlord notice of termination of the tenancy agreement early. Ending a tenancy agreement early for reasons on the part of the tenant or from the landlord’s break out of a contract.
Tenants will have two options when ending a tenancy agreement early. First, be fined for break out of a contract. Loss of deposit and prepaid rent. Second, get a full or partial refund of the deposit and rent paid by the landlord.
Termination of tenancy agreement early for reasons from tenants
You are a potential tenant and you really don’t know what will happen in the future. If all goes well, you end your lease on time and you get your deposit back. But, in the worst-case scenario, you need to ending a tenancy agreement early.
There are two important points to keep in mind so as not to violate the tenancy agreement:
- Terms of termination of the tenancy must be stated in the contract with specific conditions. This is legally binding for termination of a lease agreement early.
- Must be able to prove their legal reasons. Legitimate reasons such as the Landlord break out of a contract. Moved to another city for work. You get sick and have to go home. Force majeure events such as epidemics, fires, natural disasters, etc.
Begin termination of a lease agreement early with an open and respectful conversation with your landlord. Let your landlord know your problems and wishes. You should try to negotiate with your landlord if you cannot continue to rent. The landlord will review your lease, tenancy history, and considerations. A good landlord will often seek to end a tenancy early with a decision that is good for both parties.
Often the landlord will suggest that you look for an alternative tenant. It can be understood as a sublease in this case. All right, you’ll end your tenancy early and get your deposit and prepaid rent refunded.
Termination of tenancy agreement early if the landlord violates the lease agreement
If you feel your landlord has violated the terms of your lease. You need to notify the landlord of these violations and give the landlord appropriate time to correct the violation. Common landlord-tenant violations include:
- Failing to provide the apartment according to the agreement
- Failure to meet basic living conditions
- Violation of tenant’s privacy
- Loud noise
- Failure to make timely repairs
- Do not register temporary residence for tenants
If the landlord is the one in breach of the tenancy agreement, you will lose your interest. Landlords need to be subject to break out of contract penalties. But start by having an open and respectful conversation with your host. Talk to your landlord about ongoing violations and give them time to fix. If things don’t get better – send them a notice of break out of a contract. This is your serious action with the landlord’s violations and implicitly informs them that if the violation is not completely resolved, the landlord will receive the consequences. If things get too bad and can’t be fixed – Send your landlord a “notice of termination of tenancy agreement early”.
What is the return security deposit policy for termination of a lease agreement early?
A security deposit is an integral part of a detailed tenancy agreement. This clause will set forth the requirements for the deposit, including the return security deposit upon early termination of the tenancy. Usually, the following rules will apply:
- A non-refundable deposit in case the tenant breaks out of a contract because of a violation of the lease agreement.
- Return security deposit in case the tenant can prove force majeure reasons such as: Relocating to another city; due to illness must return home; force majeure events such as epidemics, fires, natural disasters, etc.
- Refund the security deposit in the event of a serious breach of the terms of the tenancy agreement by the landlord.
- And other provisions on the deposit that the landlord and tenant have agreed on in the contract.
Read more: 11 Tips to protect your security deposit
What can I do to minimize the penalty for termination of the lease agreement early?
What do you need here? You need: The landlord agrees to terminate your tenancy early and return your deposit (partially or in full).
In any case, it’s always wise to talk to the landlord as soon as possible: be honest and get to the point. In addition, tenants can use the following suggestions as a basis for minimizing penalties:
- Great rental history. Be a polite, friendly tenant and protect your landlord’s property. No complaints from neighbors.
- History of on-time rental payments. This is one of the good bases for landlords to evaluate and consider whether to impose penalties when you terminate your tenancy early.
- Provide your legal proof such as: Work transfer paper; Medical record; …
- Send a notice of termination of the tenancy agreement early to the landlord. This is your respect and responsibility to the landlord. Landlords will appreciate and may minimize penalties for your kindness and professionalism.
- Provide evidence to prove the landlord breached the contract and failed to remedy the breach.
- If things are so bad, you and the landlord do not have a common voice in ending the lease early. Ask for the intervention of a third-party community and the internet. This is not recommended action. But, can be useful in a few special cases.
In most cases, a landlord is a business owner (owner or tenant – sublet). The owner’s business goal is to make a profit. That means they are not interested in doing everything, things become more difficult or troublesome.
Notice of termination of tenancy agreement early & Letter for termination of tenancy early sample
If you’ve decided to terminate your tenancy early, as a good tenant, your next step is to send a formal notice of termination of the tenancy agreement early.
Why should notice of termination of tenancy agreement early be sent? Because it shows your respect, professionalism, and responsibility to the host. Notice of termination of tenancy agreement early should be sent to the landlord as soon as possible.
Notice of termination of tenancy agreement early will help your landlord understand your reasons and the solutions you can take to fix early termination errors. Serious breach of contract from the landlord. Also, let the landlord know when you will have to leave and any deposit penalties. The notice of termination of a tenancy agreement is considered the basis and provides evidence of your decision to terminate the tenancy early.
A letter for termination of tenancy early sample may include the following:
- Notice of termination of tenancy agreement early.
- The date your lease ends early, or the date you need to leave.
- Grounds for early termination of the lease, or cause for early termination.
- Solutions that you can take to fix the break out of a contract (if you are the one in breach of the contract). Usually looking for new tenants instead.
- Penalties for termination of tenancy agreement early based on the lease agreement.
- Your wishes about the landlord’s decisions and about the deposit.
- You lease agreement details if the landlord wants to discuss.
Fully understanding termination of tenancy agreement early is a great way to prepare for the future and react quickly when problems arise. Helps you determine the costs and consequences of termination of a lease agreement early. From there, give appropriate solutions, ways, and decisions.
JHouse Content Team
The in-depth content development team on housing services for foreigners & Vietnamese in Vietnam. The content is simple, easy to understand, logically arranged to bring readers useful topics and information from real experiences. JHouse welcomes sharing & copying from you – Attach source & quote from JHouse, please!