Fixed-term leases obligate tenants for a set period of time, such as one year. In some situations, and depending on state law, tenants might have the right to move out before the lease expires without further liability for payment of rent. In addition, in many states, landlords must make reasonable efforts to rerent a unit (regardless of the tenant’s reason for leaving), and cannot continue to charge the former tenant for rent after finding a new tenant. This is called the landlord’s duty to mitigate damages. Read on to learn your state's rules about breaking a lease, including when it might be legally justified to leave early, and what tenants can do if they want to break a lease without having a legally acceptable reason to do so.
State-by-State Rules on Tenants Rights to Break a Rental Lease:
Learn when and how tenants may legally break a lease in your state and how to limit liability for rent through the end of the lease term.
Breaking a Lease and Leaving Early
Find out what landlords can (and can’t) do when tenants leave before the end of their lease.
State Laws on Landlord's Duty to Rerent When a Tenant Breaks a Lease
If you break a lease early, you might need to pay rent through the end of the lease term. Find out if your state requires landlords to try to find a new tenant.
How a Landlord May Change Your Tenancy Without Ending It
How the landlord may (or may not) make changes during your month-to-month tenancy or lease
Legal Protections for Tenants Who Are Victims of Domestic Violence
Some states provide tenants who are victims of domestic violence with special protections, such as the right to break a lease early.
State Laws Protecting Tenants in Domestic Violence Situations
Many states extend special protections, such as early lease termination rights or the right to have locks changed, to tenants who are victims of domestic violence (DV). Here is a summary of and citations for relevant state laws.
How Month-to-Month Tenancies End
A month-to-month tenancy renews (sometimes termed “rolls over”) every 30 days. But when a tenant or landlord is ready to end a month-to-month tenancy, they must follow their state's rules and procedures.
State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy
In most states, landlords and tenants must provide 30 days' notice to end a month-to-month tenancy. Find out your state's rules.
Can I break my lease if my apartment complex is noisy and rowdy?
I picked this apartment complex because it seemed like a clean and somewhat quiet environment, especially since the rent was sky high. After two weeks of living there I realized what a total zoo I moved into: I have a neighbor above me who constantly fights with her mate, and dogs barking on almost every balcony at every hour of the day and night. I was offered another apartment in another building, but was told I'd have to pay for the cleaning of the apartment I was currently in. I didn't see why since I was only in the apartment for about three weeks at the time. I want to break the lease but am afraid I won't get my deposit back, even if I give written notice. The manager also told me when I do decide to move out, the tenant is always charged for cleaning the apartment, which he says is legal (I happen to live in California). Is this true?
Can I break a lease to take a new job?
I'm renting a townhouse with a lease that expires in a few months. However, it looks as if a good job in another state may be available immediately. I heard that I can break a lease if I'm switching jobs. Is this true?
Sample Agreement Regarding Cancellation of Lease
Protect yourself if you move out before the end of your lease term.