Legal Question in Real Estate Law in Tennessee

How to get out of lease

Without seeing the actual lease document, it is impossible to answer your particular question. Generally, a lease is a contract which binds each party for the term. Sometimes there are early termination provisions or liquidated damgage provisions, which allow you to "buy" your way out of the lease. However, those provisions are not typical. Check to see if there is any prohibition against assigning or subletting. If not, you can try to find someone to take over your obligation. Most leases that permit subleases, require the landlord's consent. However, most landlords would rather have a paying tenant than no tenant. If you can find someone who is as qualified as you, the landlord might allow a sublease or assignment. Be aware, however, that you will remain liable if the assignee or subtenant defaults on the lease. Another possibility is to try to negotiate with the landlord for an early termination. This might cost you some money, but may be cheaper than the liability for your breach of the lease. If you do default, you may be liable for the entire rent for the term of the lease. However, the landlord has a duty to mitigate damages. That means the landlord must try to find another tenant. Once the landord re-rents the apartment, you will be liable for the amount of rent for the time the unit was vacant and for any difference in the rent the landlord receives for the unit.Read the lease carefully to see if any of these ideas might work, and consult a lawyer in your state. Pay careful attention to the default provisions in the lease, because that is what the landlord can get if you breach the lease. Good luck

Can I Break The Lease?

Not for the reasons you state. Not in GA and I think not in our sister state of TN. In GA you must have a legal excuse to get out of the lease, the house burned down (which at common law was not a good excuse), or you must have an early termination clause in the lease. Absent either of those things, you -- in theory -- are stuck with the lease. However, millions of tenants per year just simply walk away from leases. Thats why lawyers exist.

Get out of lease does not always mean termination.

First of all the terms of your lease control under most circumstances. So read your lease.But, there is another way to resolve your problem of finances. A lease is a valuableasset that can be "resold" if you will to another. That is, to either sublet or assign.A lot of leases will not allow you to do either without the Landlords consent but at least your partially out. You may be able to make money on the space if you can rent it fora higher rent. But, most young leases are atthe fair market value so maybe no value. It could be ther reverse problem if you are paying above market value. However, at least if your subtenant will be paying part of yourrent.

The other way is to buy your way out.