How to Break a Lease Without Getting Burned

A new job across the country. A relationship ends. A baby on the way and a one-bedroom that suddenly feels tiny. Leases don’t care about any of that, but you still have options.

Breaking a lease the wrong way can mean paying rent on an empty apartment for months, losing your deposit and getting sent to collections. Doing it the right way usually costs far less. Here’s how.

Step 1: Read Your Lease

Look for an early termination clause (sometimes called a lease buyout). Many leases let you leave early by giving written notice and paying a set fee, often one or two months of rent. It sounds expensive, but it’s often the cheapest and cleanest exit. Also check what the lease says about subletting and lease assignment.

Step 2: Know Your Protections

Federal and state laws protect certain renters who need to leave early:

• Active-duty military receiving permanent change-of-station or deployment orders can terminate under the Servicemembers Civil Relief Act.
• Survivors of domestic violence, sexual assault or stalking have early-termination rights in many states.
• Uninhabitable conditions the landlord won’t fix, like no heat or serious health hazards, may allow you to leave, depending on your state’s rules.

Many states also require landlords to make a reasonable effort to re-rent your unit instead of charging you rent for the whole remaining lease. That’s called the duty to mitigate. Check your state’s rules.

Step 3: Talk to Your Landlord Early

The more notice you give, the better your options. Explain your situation and ask what they’ll accept. Landlords would usually rather re-rent the unit than chase you for money. Get any agreement in writing.

Step 4: Help Them Re-Rent

• Ask whether you can find a replacement tenant (a lease assignment) or sublet, if your lease allows it.
• Keep the apartment clean and easy to show.
• Share the listing with friends, coworkers and online.
• Be flexible with showing times.

What to Avoid

Don’t just stop paying and leave. Unpaid rent can go to collections, hurt your credit and follow you on rental history checks for years, making your next apartment much harder to get.

Keep Reading

• 30 Questions to Ask Before Renting an Apartment
• How to Get Your Full Security Deposit Back
• Renter’s Insurance Explained

FAQ

How much does it cost to break a lease?

It depends on your lease and state. Common costs are an early termination fee of one to two months of rent, or rent until the unit is re-rented.

Can I break my lease if I buy a house?

Buying a home usually isn’t a legal reason on its own. Check your lease for an early termination option and talk to your landlord.

Does breaking a lease hurt my credit?

Not directly. Unpaid balances sent to collections can. Paying what you owe or negotiating an agreement protects your credit.

Can I sublet to get out of my lease?

Only if your lease and local laws allow it. Get written approval from your landlord.