Breaking a Lease Early

Last Updated: September 26, 2025 by Roberto Valenzuela

It’s not always easy to deal with a tenant breaking a lease early. For tenants, the primary concern is usually financial loss or damage to their credit. For landlords, it’s about keeping the property and rent secure.

In some instances, such as unsafe living conditions, military deployment, or other legally recognized reasons, tenants may terminate a lease agreement early without incurring financial consequences. Let’s dive in.

Legal Reasons for Breaking a Lease Early

Reason	Description
Military Orders	Federal law allows tenants who are servicemembers to terminate their leases if they are relocating due to deployment or permanent change of station.
Early Termination Clause	Certain leases will have provisions allowing a tenant to terminate the lease early in exchange for a fee.
Unlivable Conditions	If a tenant gives the landlord notice of necessary repairs, and the issues are not resolved, the tenant may be able to terminate the lease.
Landlord Harassment	Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement.
Domestic or Sexual Violence	Most states allow tenants who are victims of domestic or sexual violence to terminate their leases early so long as they meet certain requirements.
Tenant Death	In some states, when a tenant dies, the estate will be able to terminate the lease if they do not wish to continue on with the obligation.
Invalid or Void Leases	A lease may contain provisions that are unenforceable or void as being deemed against public policy.
Landlord Retaliation	A landlord may not harass or evict a tenant that reports landlord violations to the appropriate authorities.
Mental or Physical Disability	Tenants who require accommodations because of their mental or physical disability may terminate their leases early.

Military Orders

The Servicemembers Civil Relief Act (SCRA) lets active-duty military members who receive deployment or permanent change-of-station orders terminate a lease early. They need to provide written notice and a copy of their orders. SCRA protection ensures service members aren’t burdened with rent obligations while fulfilling their duties.

To break a lease in accordance with the relief act, a tenant must:

• Prove the lease was signed before entering active duty
• Prove they will remain on active duty for at least the next 90 days
• Deliver a written notice to the landlord (example), accompanied by a copy of the orders to deploy, a permanent change of station (PCS) or a letter from their commanding officer stating their pending deployment.

The lease does not terminate automatically, but rather the earliest a tenant can terminate is 30 days after the beginning of the next rent period. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st (meaning, rent is still due for the month of April).

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Early Termination Clause

Some landlords include an early termination clause in their leases, which outlines the conditions for ending a lease before it expires. These clauses often require advance notice and a set fee, but can provide a clear path for tenants to move without penalties beyond what the contract specifies.

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Unlivable Conditions

Every state has laws requiring landlords to maintain habitable housing. If a rental becomes unsafe, for example, due to mold, lack of heat, faulty wiring, or pest infestations, tenants may have the right to leave without penalty. Tenants typically need to notify the landlord in writing and allow a reasonable time for repairs before breaking a lease due to unlivable conditions.

States that do not have statutes regulating the minimum requirements for habitability include:

• Alabama
• Alaska
• Florida
• Idaho
• Mississippi
• Montana
• Ohio
• South Carolina
• West Virginia

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Landlord Harassment

Tenants have a right to “quiet enjoyment” of their home. If a landlord enters repeatedly without notice, shuts off the utilities, or harasses a tenant, this can justify ending the lease early. Courts typically see these actions as a landlord’s failure to uphold their part of the lease. 

Tenants have the right to break their lease due to landlord harassment, which often manifests itself in these ways:

• Providing personal information about a tenant to strangers
• Allowing someone to enter the dwelling without the tenant’s permission
• Sexually harassing a tenant
• Visiting the tenant’s workplace
• Restricting guests without cause
• Spying on the tenant or visiting frequently
• Cutting off amenities that were included in the lease
• Refusing to make repairs
• Raising rent
• Threatening behavior
• Entering without proper notice or reason
• Changing the locks

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Domestic or Sexual Violence

Many states allow survivors of domestic violence to break a lease early without financial repercussions when providing documentation (such as a police report, a protective order, or a statement from a qualified person).

Landlord protections available to victims of domestic or sexual violence include:

• Termination of Lease. Landlords cannot refuse to terminate a lease when the tenant is a victim of domestic violence.
• Protection from termination. Landlords cannot refuse to rent to a potential tenant because they were a victim of domestic violence, sexual assault, or stalking.
• Changing locks. If a tenant requests the landlord to change the locks and they fail to do so within 24 hours of your request, a tenant will be able to do so on their own
• Additionally, landlords cannot end a lease or refuse to renew a lease because the tenant was a victim of domestic violence, sexual assault, or stalking.

States that do not have statutes regulating the minimum requirements for domestic violence include:

• Alabama
• Alaska
• Florida
• Idaho
• Mississippi
• Montana
• Ohio
• South Carolina
• West Virginia

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Tenant Death

In many states, a tenant or tenant’s estate may terminate a lease early if the tenant dies before the expiration of the lease. The tenant or tenant’s estate can terminate the lease early so long as:

• The tenant was the sole occupant over the age of 18 (some states also allow termination if all co-tenants consent [1])
• The tenant’s estate provides documentation such as a tenant’s death certificate to the landlord
• The tenant’s estate provides this documentation within a state-specific period of time

Termination usually is not effective immediately. If released, the tenant’s estate will still be liable for any past-due rent and any damages to the premises that are beyond normal wear and tear.

In states without a specific law allowing early termination for tenant death, the tenant’s estate will be liable for the full remaining amount of rent on the lease, although many landlord are willing to negotiate a termination on less restrictive terms.

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Invalid or Void Leases

Within leases, there are certain terms or provisions that can negate the effects of the lease. A lease may be deemed invalid or voidable if any of the below are true:

A tenant was forced to sign the lease under duress. Duress means there is coercion through physical force or an unlawful threat that eliminates one’s free will to do what they want.

The party signing the lease was a minor. Because leases are generally viewed as contracts, and a minor cannot be bound by their contracts, the law will automatically allow the minor to void the contract, if they choose.

The leased premises are illegal. An illegal unit is one that is used for residential purposes, but is not registered with the proper authorities as required by law. These are units that don’t comply with legal requirements for housing, such as units with too-low ceilings, no address, no dedicated gas or electric meter, or improper electric systems.

The lease waives any rights guaranteed by state or federal law. Certain laws provide protections for tenants that are not waivable. For example, if a tenant is injured because of the landlord’s negligence, most state law dictates the landlord be responsible for damages. Therefore, a lease waiving the landlord’s responsibility for injuries caused by the landlord’s negligence would render that lease void.

When a lease is considered unenforceable or void, it is immediately terminated, as if the lease was never signed. Therefore, the tenant can provide notice to the landlord of termination of the lease, move out, and stop paying rent. Furthermore, because the agreement is viewed as never in existence, any security deposits paid should be returned.

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Landlord Retaliation

In a majority of states, a tenant can terminate a lease early due to landlord retaliation.

States that do not have statutes regulating the minimum requirements for landlord retaliation include:

• Idaho
• Indiana
• Louisiana
• Mississippi
• Missouri
• New Hampshire
• North Dakota
• Oklahoma
• South Dakota
• Wyoming

Landlords and tenants each have specific rights and responsibilities under federal, state, and local landlord-tenant law. If either party is not fulfilling its obligations, the other party has a right to address it. When a landlord-tenant dispute occurs and the landlord tries to punish the tenant for exercising their rights, it will be illegal and grounds to terminate the lease.

Some rights tenants may exercise certain rights under the law include:

• Reporting violations of health or building codes to the local health board
• Withholding rent due to the landlord’s failure to make necessary repairs
• Complaining to any board that regulates residential premises about the violation in the property.

After a tenant exercises these rights, a landlord may retaliate by:

• Filing an eviction proceeding
• Depriving the tenant use of the premises
• Decreasing services to the tenant
• Increasing rent or substantially altering the terms of the tenancy
• Purposefully interfering with the tenant’s rights under the lease

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Mental or Physical Disability

The Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) helps protect persons with disabilities that are unable to continue living in the  are eligible for reasonable accommodations. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to enjoy where they live.

To break a lease in accordance with the FHA and ADA, a tenant must:

• Meet the definition of a disability and be eligible for a reasonable accommodation
• Have a record of the disability
• Notify the landlord, in writing, their intent to terminate the lease 

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Tenant Responsibilities

The law may allow tenants to end a lease early, but they must take the proper steps to protect themselves. Ignoring those responsibilities can create costly problems.

Notice Requirements

Tenants generally need to give landlords a written heads-up before moving out. The notice period varies by state, but 30 days is the most common. A proper notice includes the intent to leave, the reason, and the planned move-out date. Keeping a dated copy protects the tenant in case issues arise later.

Documentation

Most of the time, tenants must show proof of why they’re ending the agreement. The proof could be deployment orders, inspection reports and photos, or legal documents related to domestic violence. Having solid documentation helps confirm the lease break is legal and protects tenants financially.

Financial Obligations if Justification Isn’t Valid

Leaving without a legally supported reason doesn’t absolve tenants of their responsibilities. They may still owe rent until the landlord finds a new renter, and the security deposit may be used to cover any unpaid rent or damages. Tenants should read their lease and familiarize themselves with their state’s laws before deciding to leave.

Landlord Responsibilities

When a tenant wants to end their lease early, landlords must follow the law to avoid disputes, unexpected costs, or lawsuits.

Duty to Mitigate Damages

Most states require landlords to make a reasonable effort to find a new tenant once someone moves out. A reasonable attempt includes advertising the unit, showing it to prospective tenants, and processing applications in good faith. A landlord cannot simply let the unit sit vacant and demand the full remaining rent from the departing tenant.

Returning Security Deposits

If a tenant has legally justified reasons for leaving, landlords must return the security deposit minus any deductions for legitimate damages beyond normal wear and tear. Many states have strict timelines, typically ranging from 14 to 30 days, for returning deposits, along with an itemized list of deductions.

Providing Documentation and Communication

Landlords should document their own actions throughout the process. Documentation includes keeping records of re-rental efforts, communications with the tenant, and any costs associated with turnover. Clear and timely communication reduces conflict and demonstrates good faith compliance with state law.

Common Consequences of Breaking a Lease Without Legal Cause

Breaking a lease isn’t always justified under the law. When tenants move out without valid grounds, it can cost them financially and hurt their rental reputation.

Loss of Security Deposit

Landlords can withhold some or all of a tenant’s security deposit when a tenant breaks a lease without cause. The deposit money can then go toward unpaid rent, marketing costs to re-rent the property, or repairs beyond normal wear and tear.

Responsibility for Remaining Rent

Tenants usually remain responsible for rent until the landlord finds a new renter. Landlords must make a genuine effort to re-rent, but if the unit sits vacant, the tenant often ends up covering that gap.

Legal Action and Collection

If unpaid rent or damages exceed the security deposit, landlords may pursue the balance through small claims court or collections. A judgment against the tenant can negatively impact their credit score and make it harder to rent in the future.

Impact on Rental History

Ending a lease without a valid reason can result in a tenant receiving a negative reference from the landlord. A poor reference may make it more difficult for that tenant to secure housing with future landlords who request rental history or references.

Best Practices for Avoiding Penalties 

Moving out before a lease ends isn’t always penalty-free, but tenants can take steps to limit the cost. Being proactive often helps avoid bigger financial headaches.

Negotiate with the Landlord

Open communication is one of the most effective strategies for success. Tenants who explain their circumstances and offer solutions, such as covering rent until a replacement is found or helping advertise the unit, may reach a mutual agreement that avoids penalties.

Sublet or Assign the Lease

If permitted by the lease or state law, tenants can sublet the property to another renter or assign the lease to a new tenant. Both options transfer responsibility for rent payments; however, tenants should confirm that they are released from liability once the new occupant takes over.

Review Lease Terms Before Signing

Some agreements include an early termination clause, which outlines conditions for moving out, like providing notice and paying a flat fee. Reviewing these details before signing on the dotted line can prevent surprises if circumstances change.

Keep Records of All Communications

Whether negotiating or providing notice, tenants should document every step of the process. Copies of emails, letters, and signed agreements protect in the event a dispute arises later.