Tenant's Right to Break a Rental Lease in Washington

Many tenants who sign a lease for their apartment or rental unit plan to stay for the full amount of time required in the lease, such as one year. But despite your best intentions, you might want (or need) to leave before your lease is up.

Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called "breaking the lease." Here's a brief review of tenant rights in Washington to break a lease without further liability for the rent.

Tenant Rights and Responsibilities When Signing a Lease in Washington

A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can't raise the rent or change other terms until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties.

In these cases, landlords in Washington must follow specific procedures to end the tenancy. For example, your landlord must give you 14 days' notice to pay the rent or leave before they can file for an eviction. (Wash. Rev. Code § 59.12.030(3) (2025).) If you have caused serious damage to the property, your landlord may give you an unconditional quit notice, giving you three days to move out. (Wash. Rev. Code. § 59.12.030 (2025).)

Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.

When Breaking a Lease Is Justified in Washington

There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You might be able to legally move out before the lease term ends in the following situations.

1. You Are Starting Active Military Duty

If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the "uniformed services," which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.

2. The Rental Unit is Unsafe or Violates Washington Health or Safety Codes

If your landlord doesn't provide habitable housing under local and state housing codes, a court would probably conclude that you have been "constructively evicted;" this means that the landlord, by supplying unlivable housing, has for all practical purposes "evicted" you, so you have no further responsibility for the rent. Washington law sets specific requirements for the procedures you must follow before moving out because of a major repair problem. (Wash. Rev. Code §§ 59.18.100, 59.18.110, 59.18.115 (2025).) The problem must be truly serious, such as the lack of heat or other essential service.

3. You Are a Victim of Domestic Violence or Stalking

Washington law provides early termination rights to tenants who are victims of domestic violence, unlawful harassment, or stalking, provided specified conditions are met (such as the tenant reporting the domestic violence or other act to law enforcement or another qualified third party). (Wash. Rev. Code § 59.18.575 (2025).)

4. Your Landlord Harasses You or Violates Your Privacy Rights

Under state law in Washington, your landlord must give you two days' notice to enter rental property or one day's notice to show the property to actual or prospective tenants or buyers. (Wash. Rev. Code § 59.18.150 (2025).) If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered "constructively evicted," as described above; this would usually justify you breaking the lease without further rent obligation.

Landlord's Duty to Find a New Tenant in Washington

Even if you don't have a legal justification to break your lease, it's possible you won't have to pay all the rent due for the remaining lease term. This is because under Washington law, your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than automatically charge you for the total remaining rent due under the lease. The landlord has the right to charge you rent for the time it takes to find a new tenant, plus actual costs that your landlord incurs in renting the unit, and any attorneys' fees. (Wash. Rev. Code § 59.18.310 (2025).)

So, if you break your lease and move out without legal justification, your landlord usually can't just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord doesn't need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord isn't required to rent the unit for less than fair market value, or to immediately turn their attention to renting your unit disregarding other business.

The bad news is that if the landlord tries to rerent your unit, and can't find an acceptable tenant, you'll be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit isn't enough to cover it all, your landlord may sue you, probably in a Washington small claims court where the limit someone can sue for is either $10,000 (for individuals) or $5,000 (for corporations or other non-individuals) (Wash. Rev. Code § 12.40.010 (2025).)

How to Minimize Your Financial Responsibility When Breaking a Lease

If you want to leave early, and you don't have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There's a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you're looking for your next place to live.

You can help the situation by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.

More Information on Tenant Rights to Break a Lease

Every Tenant's Legal Guide (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.

More Information on Landlord-Tenant Law in Washington

To learn more about specific landlord-tenant laws in Washington, see the State Landlord-Tenant Laws section of the Nolo site.