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How Long Does A Broken Lease Stay On Your Record?

Breaking a lease can feel like a financial scarlet letter. It can have lingering effects on both your rental and credit reports, potentially hampering housing opportunities in the future. Understanding the duration and impact of a broken lease is crucial for tenants everywhere.

Embarking on the journey through the lifecycle of breaking a lease, this article aims to unravel the time it nestles on your record, its implications, the reasons why leases are broken, and the strategies to mitigate its negative effects.

Signing a lease agreement.

How Long Does a Broken Lease Stay on Your Record?

If the reason for the lease break entails non-payment, significant property damage, eviction, or other severe circumstances, these factors may escalate the issue, leading to greater scrutiny during the screening process. While evictions are considered more severe and can stay on your record for ten years, standard broken leases typically appear for a shorter duration, which on average is 7 years.

Credit Impact

When a lease is broken, particularly when it results in owing additional rent or fees, the repercussions can reach beyond your immediate housing situation and into your personal finance, impacting your credit score. Landlords may report any delinquent payments to credit bureaus like Equifax, Experian and TransUnion, which can lead to entries that linger on your report for up to seven years from the date of the initial delinquency.

Not all landlords report broken leases to bureaus—individual rental owners might forgo the process due to costs and intricacies of reporting. However, if the debt from breaking a lease is handed over to a collection agency, it becomes more likely to appear on your credit report and remain there for seven years. Such events can significantly damage your score and make it more difficult to obtain loans or credit cards with favorable terms. A lower credit score can also affect renting an apartment, making it more difficult for you to sign a new lease. Sign up for a free Dovly account today and receive a TransUnion report and credit score, plus a list of referral partners that can help with things like building credit, extra cash, saving money and so much more!

Rental History Impact

Rent violations is a crucial element that prospective landlords review through a Tenant Background Check. This check will reveal if you’ve had evictions, violations of lease agreements, or even property damages. A broken lease can leave a mark on this history, making it more challenging to secure future rentals.

Maintaining a positive rent history and a good relationship with property management can help prevent the consequences associated with early termination. If you feel there are errors on your rental report, you are able to dispute them. For more information on disputing errors on your Tenant Background Check, read this article from the Federal Trade Commission.

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What is a Broken Lease?

A broken lease occurs when a tenant vacates a rental property before the end of the lease without adhering to the terms that allow for early termination. This premature departure can lead to serious consequences for the tenant. When a lease is broken, the former tenant may be held responsible for the remaining rent owed under the term of the lease, as well as a fee for termination, and could even forfeit their security deposit.

This negative incident can be noted in rental histories and, if the situation leads to financial losses for the landlord, it may be reported to collection agencies, affecting credit reports and scores. These violations can make it difficult for tenants to rent from property management companies in the future, as potential landlords often perform a credit check or background check, reviewing rental agreements and payment histories.

Reason for Breaking a Lease

When tenants sign a lease agreement, they commit to a term with the expectation of fulfilling the rent payment until the end of the contract. The most common reasons for breaking a lease are relocation due to a job or new home, financial issues, unsafe living conditions and even divorce. Some of these reasons may not be a valid reason to avoid any legalities or penalties.

There are, however, legitimate circumstances that may lead to breaking your lease. One such reason is active military, which under federal law allows for termination. Additionally, instances of harassment, noise disturbances, or domestic violence provide grounds for breaking a lease early.

Many states protect victims of domestic violence, harassment, stalking, or sexual assault, granting them the right to legally terminate a lease without any penalty. Tenants who wish to break a lease for other reasons might still do so legally if their lease agreement includes specific termination conditions, such as the payment of a fee.

Before deciding to break a lease, it is crucial to understand state and local laws, as they can vary significantly. Compliance with these laws ensures that tenants are protected and act within their rights. For further assistance, tenants can seek help from local tenants’ rights organizations, unions, or rent boards, which can offer guidance on navigating a termination of your lease successfully. These advisory bodies can be instrumental in making an informed decision about breaking a lease.

How to Rent After Breaking a Lease

If you’ve broken a lease, it’s important to understand the potential challenges when looking to rent a new home. Any negative reporting on your past rental situations can raise red flags when looking for future rental opportunities. However, you can take steps to mitigate these concerns:

  1. Settle Outstanding Balances: Before embarking on your search for a new rental, pay off any balance you owe to your previous landlord to avoid collections or judgments being reported on your credit report.
  2. Communicate with Property Management: Reach out to property management directly and be upfront about your past. Demonstrate your reliability by showing consistent payments from other rental properties or by providing references.
  3. Provide Assurance: Offer a larger security deposit or a few months’ rent upfront to reassure a prospect landlord of your commitment.

It’s important to proactively engage with prospect landlords, explaining any extenuating circumstances that led to the lease break. Demonstrate that you have learned from the experience to improve your chances of securing a rental agreement.

How to Avoid Breaking a Lease

Breaking a lease can have enduring consequences on your credit and rental history, making it pivotal to take prudent steps to prevent it. Before committing to a new property, confirm your desire to live there by inspecting it in person or via a virtual tour. Spending time in the neighborhood, especially if new to you, can solidify your choice and decrease the potential of a lease break.

When entering into a new lease, ensure that the terms are agreeable to you and that you can realistically uphold the payment schedule. Establishing and maintaining a positive rental report is essential, as breaking a lease repeatedly can tarnish your rental reputation among estate management companies.

Should circumstances change, communicate proactively with property management or your landlord to explore possible solutions. By staying committed to your rental agreement, you build trust with future landlords, which can lead to better rental opportunities down the line. Commitment to each lease term strengthens your rental histories and helps in avoiding unwelcome entries in credit and tenant reports.

Another way to prevent having to break your lease if it’s related to finances, is to explore your credit worthiness. If you are drowning in debt and can’t find a way out, borrowing from a lender may be a great option for you. You can explore things like personal loans and even credit cards. It is always encouraged to monitor your report and consistently be aware of where your score is.

Bottom Line

There are many reasons why one would break their lease but there are ways to avoid breaking your lease in most situations. Explore your local resources and ensure you know the laws and your rights. If you have to break your lease, it may have an impact on both your rental reports and credit reports. You should regularly monitor your credit, ensuring accurate reporting and awareness of credit worthiness.

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Tedis Baboumian
Tedis Baboumian is Dovly’s Co-Founder and Chief Credit Officer. With over 20 years of experience in the consumer credit industry, Tedis is an authority on the credit industry and has cultivated dee… Read More