Can a tenant break a lease without penalty?
The answer is maybe, depending on the tenant’s circumstances. In Washington, state law provides tenants with certain rights that they may exercise to legally break a lease without penalty. For example, if a tenant can prove that they are a victim of domestic violence or stalking, they may break their lease without incurring a financial penalty. Additionally, if the tenant’s unit is unsafe or in violation of state health and safety codes, the tenant may legally break their lease without incurring any penalties. For example, if the rental property has hazardous wiring, severe water damage, or mold, the tenant may be able to break the lease without any financial repercussion. In some cases, the tenant may not have to break the lease, but instead negotiate with the landlord to transfer it to someone else. If the landlord agrees, the tenant may be able to keep their security deposit and only have to pay for any actual damages that the new tenant caused. Finally, if the tenant is in active duty military service, they may be able to legally terminate their lease under the federal Servicemembers Civil Relief Act. The key is to familiarize yourself with the laws of your state and to research the specific provisions of your lease in order to determine if you are able to break it without penalty.
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