You’ve been shopping for weeks or maybe just a few days and you believe you have absolutely found the home of your dreams. Then, sadly, you discover the property has a pending contract. Before you walk away completely deflated, remember these important words, “It’s not sold til it’s closed!” BUT does that mean you can still make an offer on it?

Typically, once a home has a pending sale, you won’t be able to place your bid because both seller and buyer have agreed on the terms of the sale and signed the contract. But real estate deals have been know to fall apart for multiple reasons. Again, until it’s closed, it’s not a done deal!

Though you can’t submit an offer, you absolutely can contact the listing agent or if the home is being sold by owner, the seller, and make them aware of your interest and ask to be notified in the event something happens and the home is going to go back on the market. This way, you have the possibility of putting your offer in before others even know the home is once again available.

Now, it’s important not to get your hopes up that the deal will fall through or tell yourself this is the only home for you. Keep shopping with an open mind and heart. You may discover that not getting that home was a blessing in disguise as you step forward into a different home that makes you even happier!

An important note: If the other deal does fall through, before you jump in gleefully and with reckless abandon, keep in mind, there might have been a reason it fell through that might cause you to want to run away from it too!

You’ve been looking and looking for the perfect home but with no luck decided to rent while searching since you had to move out of the home you sold?  Got an unexpected job offer you can’t pass up BUT you still have months left on your lease? Unexpectedly lost your job and don’t have the funds to weather the storm paying your current rate of rent?

Now what? Can you get out of your lease legally and not lose a bundle of money or damage your credit in the process? This could be especially difficult if your landlord isn’t keen on releasing you but that doesn’t mean it’s impossible. Let’s explore some options.

Make this note very large so you don’t regret later not having done so. Document EVERY communication with your landlord or management company. Keep ALL emails and text messages. Record conversations. If 2pp approval needed to legally  record in your state make sure you notify them that you are recording your conversation.

1.  Step One: Read your lease from start to finish. It may actually have a clause that you can take advantage of with regard to breaking your lease prior to its expiration date. You may have to find a qualified replacement tenant to sublet for the remainder of your lease. All leases DO NOT allow for subletting so before you do, make sure it is allowed. You may simply have to give 30-60 days notice. Or you may have to forfeit your security deposit in order to leave sooner. You will need to weigh the value of doing that vs the hassle of being stuck.
2. Before you even approach your landlord or management company, educate yourself on your state’s/city’s landlord-tenant laws. This is easily done online or even on your city’s/state’s website. Review options and laws that may assist you in your quest for a release from your tenancy agreement so that you come to the table with knowledge and forethought of how to approach your negotiation.
3. If you don’t feel confident approaching your landlord yourself or the laws seem too overwhelming for you, it may be well worth your investment to hire a lawyer to negotiate your release for you.
4. If you are going to pursue this on your own, approach your landlord or management company “nicely” and maintain a pleasant and congenial attitude with whomever you’re speaking (even if it’s the receptionist) or you may cut off who might have become your ally if needed for negotiating a break. This means even if they are less than friendly with you, maintain your friendliest demeanor with them!
5. Listen to any and all options the landlord may offer. Stay calm and absorb all the information before saying anything negative about those options. In all negotiations there is a starting point which does not have to be an end point. It’s just a place to begin so again, don’t cut off your nose to spite your face!

There are situations that typically do allow you to break your lease:

• If you’re active duty military and are being re-stationed by the  military domestically or internationally.
• As stated above, if your lease includes a clause allowing you to terminate prior to the lease’s end date. Again, there may be terms connected to that so read your entire lease thoroughly.
• If you can prove that the home is uninhabitable due you can pursue a break via constructive eviction.
• IF your lease allows for sublet and you find a qualified tenant to take over the remainder of your lease.
• If your state has laws protecting victims of domestic violence and you’re escaping such a situation.
• If you and your landlord agree that you will continue to pay rent until they find a new tenant. This may not be a very desirable option; however, it may be the only one you have and therefore again you have to weigh the value of doing so. Make sure you are protected in this situation, requiring proof that they are actively attempting to release your space.

Having to break your lease may not be the result of your own actions; however, how successful you are in making it happen can be totally in your hands! Educate yourself, prepare yourself and if you desire, represent yourself and your needs. OR if you feel better doing so, hire a lawyer to assist you. It might take some effort but if your dream home or dream job is on the line, go for it!!