Can we break our lease?

Question Details:We have entered into a 2 year. We have asked the landlord if we can break the lease after year 1, so that we may buy our first home. They were not happy but agreed if we paid almost a month's rent to them. We agreed to this. They also wanted us to the list the house with a broker and pay the broker's commission. We listed the house on Craigslist instead. We found a renter for the house to pay exactly what we pay and even for a month longer. The landlord has decided we can't assign the lease to another renter. What are our rights here? Should we consult with a real estate attorney ? We're in Wilton, CT.

Asked 5 years ago under Landlord / Tenant | 4054 Views | More Legal Topics

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M.T.G., Member, New York Bar | FreeAdvice Contributing Attorney Answered 5 years ago

Your lease agreement is a contract between you and the landlord.  The terms are binding on both of you.  The problem with oral modifications of contracts is proof but with contracts involving real estate, it is even a bigger problem because most states specifically state by law that these type of agreement may NOT be modified orally. It is known as the Statute of Frauds.  

Yes, I would consult with an attorney in your area.  Perhaps he or she can help to negotiate a release of your tenancy in writing with the landlord.  The fact that you found a tenant to assume your lease agreement shows that you have attempted to mitigate the damages of the landlord and this is a plus for you.  The tenant must, though, meet all the requirements of tenancy of the landlord as well.  Good luck. 

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