- A rental agreement, also known as a lease contract, is executable in a state court. After a tenant signs a rental agreement, the tenant must satisfy the terms and conditions of the agreement to the satisfaction of the landlord. Failure to satisfy the terms and conditions of a lease may result in financial penalties. Typically, a rental agreement is valid month-to-month or for up to 24 months.
- Unless a lease contract has a clause permitting a tenant to break the contract within a specified period of time -- known as a grace period -- the lease must be executed as it is written. Some leases have clauses that will allow you to sublet the space you are leasing. However, such clauses must be in writing and contain provisions for subletting the space. For example, the landlord may require any potential subletter, or subtenant, to undergo a complete background check.
- A tenant seeking to break a lease must request in writing to terminate the contract early. However, all parties must consent in writing and approve any financial penalties associated with the termination of the contract. If a landlord rejects such a request, the landlord must provide a written response certifying that the lease remains in force according to the agreed upon terms.
- If a tenant vacates a rental property early, the landlord cannot maximize the damage incurred from the broken lease. The landlord must publicly advertise the rental property and allow potential tenants to view the rental property during normal business hours. Depending on how long it takes to find a new tenant, the original tenant may be ordered to pay for rent lost during the search for a new tenant.
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