Broken up? Now it’s time to break out of that lease. Nobody wants to be stuck in a relationship — or a home.
Believe it or not, your breakup is not the end of it.
If you chose to rent a home with your partner and unfortunately (or thankfully), your relationship comes to an end, it may be more complicated than you think to move on — from the rental.
It all comes down to reaching a mutual agreement, sorting out the finances, and a lot of paperwork.
“It’s not the most common situation, but it’s not rare,” said Douglas Quattrochi, executive director of MassLandlords, a not-for-profit trade association.
Quattrochi, who has rented out about a dozen houses as a landlord, said that 20% of the time, the relationships end, putting him and his tenants in a difficult position.
AJ Sharif, a listing agent with Flyhomes, a real estate firm and online marketplace, said the very first thing you should do (long before you pick out curtains) is “read the lease agreement start to finish” so you know the potential consequences of breaking it.
“If the relationship ended amicably, there’s nothing which prohibits someone from being on multiple leases as long as they qualify financially,” Sharif said. Even though the tenant can sign a new lease, this option opens them up to considerable legal risk, however, he said.
You can sign an agreement with your ex saying that they will take responsibility for the remainder of the lease term, but your landlord needs to agree, he added. “You then also have to get a separate agreement from your landlord releasing you from the lease.”
But what if your ex doesn’t want to cooperate? Your best option is to contact a real estate attorney.
Earlier this year, ApartmentAdvisor reported that in Boston, you could save up to $17,160 by splitting the rent on a one-bedroom apartment with your partner. No one goes into a live-in relationship thinking that it will end, but it’s a good idea to plan for it just in case.
A lease is a legally binding agreement, Quattrochi said, and to terminate that, you have to work with your ex and the landlord. There could be break fees, and you may have to help the landlord find a replacement, he said. “It could be that there is no replacement and you’re still legally obligated for the remainder of the lease term.”
One option is a monthly agreement, he said. “You could try to talk to a family law attorney to draft an agreement separate from the rental agreement, just between the two of you, that would explain what would happen if you don’t get along and one wants to move out.”
Signing a private contract with your intended partner before signing the lease is also an option, Quattrochi said. Think of it as a pre-nup without the nup, a document in which both parties “agree to work in good faith” to get out of the rental agreement.
Sometimes you cannot reach a consensus, unfortunately.
Dedham-based attorney Alan J. Pransky, whose areas of expertise include family and real estate law, said that if the landlord or the other tenant do not agree on the course of action, nothing can be done, usually.
But there is an exception.
“If a person is the victim of domestic abuse, they can get out of their lease because of it,” Pransky said.
The law, Section 24, applies to any “victim of domestic violence, rape, sexual assault or stalking regardless” of their marital status, he said.