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I am a F1 student visa holder and now waiting for the approval of my OPT. My apartment lease got automatically renewed for the next whole year, and I did not receive the notice letter from the leasing office - although the leasing manager claimed they have sent the notice letter to us.

The leasing manager told us to provide her documents which explicitly state the exact date which I have to leave U.S. since my visa get rejected by USCIS. However since I am a F1 visa holder, I won't receive notice of the rejection of visa from the government. On the OPT, I cannot accrue more than 90 cumulative days of unemployment from the start date of my EAD card or any time during the OPT period. I can only calculate the remaining days by myself. And I got a letter from the international student office of my university to prove the fact I just mentioned above.

When I gave the letter to the manager and told her that I plan to leave U.S. on the last day of the 90 unemployment days, which would be the end of October, she interupted me rudely by saying that it is me who decide not to work and refuse that letter. Then I tried to tell her that whether I can work here does not depend on my will but on the employer. And she still refuse to do so by acting in the way that she just does not want us to terminate the lease early with legitimate reasons. And they don't allow lease transfer.

Due to the visa issues, the leasing office require a 30-days notice to them. I am wondering if they would still reject to terminate the lease lawfully at the 60th day of accrued unemployment period. What can I do at that time? And I am even thinking about having the same letter from the international student office at the last day of 90 days umemployment period and telling the manager that I have to leave at that date. And I can live with losing the securtiy deposit but not break the lease with unlawful reasons.

  • "And I can live with losing the securtiy deposit but not break the lease with unlawful reasons." It's not illegal to break a lease. Really, it's not. – RonJohn Jun 29 at 5:49
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    Even in the case that your contract did not provide for a way to terminate your lease early, leaving early would amount to a breach of contract, which is not a crime and is solved by paying the other party for the damages that they incurred from that breah. – SJuan76 Jun 29 at 9:02
  • Does your lease declare that you can be automatically re-enrolled for a full year, every year, without your express written consent? Even if it does, it might be non-enforceable depending on where you live (can you say what state you're in?). Most leases also give you an option for lease termination. In my state, I can pay a flat fee (usually 2 month's rent) or pay the rent until they backfill the apartment (or, of course, if my lease expires). Were you given options? Which did you select? – bvoyelr Jul 1 at 15:05
  • @RonJohn I'm not saying to break the lease. However, I cannot lawfully stay in U.S. after that 90-day unemployment period due to my F1 visa limitaitons. – Kaleidoskop Jul 29 at 9:24
  • @Kaleidoskopv but I am!! :) – RonJohn Jul 29 at 13:17
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You want to end your lease in about four months time. Your landlord requires 30 days notice for termination of a lease. So everything is OK.

You write to your landlord saying you want to terminate the lease, giving the exact date. It sounds like you might have done this, but do it again to be sure. If you do this more than 30 days in advance everything will be fine. Your landlord may complain but they cannot prevent you.

Your reasons for terminating the lease are irrelevant, and there will be no consequences to you for doing this.

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    Reasons for terminating the lease can be very relevant to escaping penalties written into the contract for early termination. The penalty for abandonment won't apply, but there can be (and usually are) others. – Ben Voigt Jun 30 at 5:09
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    Yes theoretically, but in reality it's best to just accept the cancellation fees. – DJClayworth Jun 30 at 16:09

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