Q: What are the consequences of breaking a lease due to an automatic renewal clause?

A: That 5 month notice provision is unenforceable. A residential landlord may not incorporate a five (5) month notice provision in a residential lease.

A: If the lease contained an automatic renewal clause requiring five months’ notice to terminate and you didn’t give that notice in writing, your landlord may argue that the lease has legally renewed. In Rhode Island, courts generally enforce these clauses if they were clearly part of the signed lease, even if written in smaller print. Unfortunately, a verbal notice—even if timely—likely won’t satisfy the requirement unless the lease allows for it, which it usually doesn’t.

By moving out without a written agreement releasing you from the lease, you could be held responsible for ongoing rent until the end of the renewed term or until the unit is re-rented. However, your landlord has a legal duty to mitigate damages by trying in good faith to re-rent the unit. If he refuses to lower the rent to a fair market rate and can’t find a new tenant as a result, he might have difficulty convincing a judge that you owe for every month the unit remains vacant.

You should document your attempts to help find a new tenant and keep evidence that the current rent is above market value. If your landlord sues you, a court may reduce the amount you owe if you can prove he acted unreasonably. While the lease may not mention breaking it, Rhode Island courts often look to fairness, not just formalities. You don’t lose all rights just because you missed a technical notice requirement—especially if the rent hike is deterring replacement tenants.