Being honest and polite in negotiations, knowing one’s rights, securing a written copy of lease agreements and asking for a letter of reference are some tips and tricks for tenants looking to break their residential lease early due to the economic impact of COVID-19. These and other findings are outlined below.

Tip #1: Be Honest and Respectful In Negotiations

Realtor.com outlines several tips when breaking a residential lease early due to economic difficulties brought about by the COVID-19 pandemic.
The number one tip is to be upfront about one’s situation, whether that means being unemployed or wanting to move to a cheaper place to rent.
The article points out that many landlords might experience skipped or late rent payments at this time so honesty from tenants might be highly appreciated.
Tenants can negotiate breaking a lease early for a lower fee or forfeiting their security deposits.
Tenants can also offer to help find a new renter in return for breaking the lease early.
Brick Underground.com recommends a similar transparent approach when negotiating with landlords regarding lease agreements.
Attorney Mark Hakim of Schwartz Sladkus Reich Greenberg Atlas commented, “You want to approach the landlord in a way that they can see where you are coming from, and that you are not just looking to benefit off the back of your landlord.”
6ABC reported that a couple in Philadelphia who suffered unemployment were able to negotiate with their landlord not to pay a $3,500 fee for breaking a residential lease early, in spite of an initial demand to do so.
Realtor.com pointed out that landlords are more flexible at this time to protect their cash flow and may consider breaking a lease early for an unemployed tenant in order to accommodate an employed renter.

Tip #2: Know Your Rights

Brick Underground.com reminds tenants to know their rights in order to come to the best agreement about a residential lease.
Several states including Pennsylvania, Delaware and New Jersey among others have prohibited foreclosures to protect tenants who have been economically affected by COVID-19.
Many jurisdictions have also suspended civil courts which prevents landlords from filing a rent court hearing.
The Orange County Register advises tenants to read the lease agreement and check if there is a provision that allows early termination for a fee.

Tenants can also check their rental insurance policies to determine it if includes provision for a national emergency such as a pandemic.
OCR reminds that extreme circumstances can also void a residential lease.
These include danger to personal safety or a problem in the residential property not addressed by the landlord.

However, such ‘habitability claims‘ are best supported by legal counsel and extensive documentation as evidence.
Likewise, tenants are also discouraged from breaking a residential lease without legal justification as they might suffer credit damage or court-imposed penalties.

Tip #3: Secure A Written Copy of Agreement

Realtor.com advises to get all agreements between a tenant and their landlord in writing.
The article advises against trusting nonverbal agreements especially when it comes to breaking lease early.
Once a lease agreement is reached, a written document must be signed by both parties.
Without a written copy of agreement, the tenant’s word will have to stand against their landlord’s in case of legal complications.
Best Best & Krieger Law also suggests considering confidentiality in lease negotiations to prevent tenants from comparing notes.

Tip #4: Ask For a Letter of Reference

Realtor.com encourages tenants to secure a letter of reference during a negotiation to break a negotiation lease early.
This is crucial to finding a new lease after the previous one has been successfully broken.
A letter of reference will greatly help tenants in search of a new place to rent especially if they have suffered unemployment due to COVID-19.

New landlords can check tenants’ background virtually so a good reference from a previous landlord can give them a headstart.
Tenants who want to break a residential lease early can help secure a good reference from their landlord by finding a replacement tenant with equally good references.