Find out how state laws differ for when a tenant can or can’t legally break a lease early without penalty. Click the links below about breaking a lease in each state, or read further for a summary of both federal and state-specific laws.
| 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. |
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).
Certain lease agreements provide specific terms that allow for tenants to terminate early in exchange for a penalty fee. Read over the lease and look for any language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e. equal to 2 month’s rent) and the amount of notice required (i.e. 30 days).
If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid.
If a state’s specific health and safety codes are not met, proper notice is given by the tenant. If the repairs are still not made within the allowable time period, a tenant would be considered “constructively evicted.” As a result, the obligations of the tenant under the lease are no longer required.
States that do not have statutes regulating the minimum requirements for habitability include:
Tenants have the right to break their lease due to landlord harassment, which often manifests itself in these ways:
Landlord protections available to victims of domestic or sexual violence include:
States that do not have statutes regulating the minimum requirements for domestic violence include:
For an act of domestic violence to qualify as grounds for breaking a lease, all must be true:
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:
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.
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:
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.
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:
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:
After a tenant exercises these rights, a landlord may retaliate by:
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:
There are no laws that allow a tenant to break a lease early due to feeling unsafe. Landlords do have certain legal responsibilities related to the implied warranty of habitability such as keeping the common areas safe and secure.
If for some reason the landlord does not repair issues and non-residents or criminals are able to enter the premises, then the landlord would be in breach of the lease and the tenant would be able to terminate the lease.
There are no laws that allow a tenant to break a lease early due to job relocation. If no early termination clause exists, a tenant could attempt to negotiate with the landlord to see whether the tenant could break the lease in exchange for a fee. If that is not an option, the tenant could look to sublet or assign the lease to someone else.
There are no laws that allow a tenant to break a lease early due to divorce. No laws exist allowing a tenant to break their lease when going through a divorce. In general, a tenant cannot break their lease early due to a divorce unless the lease permits early termination specifically for a divorce or the lease allows early termination in general. If there is no early termination clause, a tenant could attempt to negotiate with the landlord to see whether the tenant could break the lease in exchange for a fee.
There are no laws that allow a tenant to break a lease early due to backing out of a lease after signing. Although circumstances may arise, a lease is a signed contract that binds the tenant and landlord in an agreement. If no early termination clause exists, a tenant could attempt to negotiate with the landlord to see whether the tenant could break the lease in exchange for a fee. If that is not an option, the tenant could look to sublet or assign the lease to someone else.
A tenant cannot break a lease early due to buying a house. If no early termination clause exists, a tenant could attempt to negotiate with the landlord to see whether the tenant could break the lease in exchange for a fee. If that is not an option, the tenant could look to sublet or assign the lease to someone else.
Landlords in most states must try and re-rent the unit if a tenant breaks the lease early. Once the landlord re-rents the unit, the original tenant is no longer responsible for any remaining rent payments.
The law requires landlords to “mitigate” damages, which means the landlord must minimize any damages related to the tenant’s departure. If a landlord refuses to mitigate damages, then the tenant is no longer responsible for the remaining rent due.
Damage mitigation generally looks like:
Note that the landlord does not have to find a replacement immediately. A landlord only needs to make a good-faith effort to look for a new renter.
A majority of states require the landlord to mitigate damages. The only states that do not require a landlord to mitigate damages is:
Notwithstanding any contrary provision contained in any lease hereafter made or renewed which affects premises demised for residential use, or partly for residential and partly for professional use, the executor, administrator or legal representative of a deceased tenant under such a lease shall have the option to terminate such a lease upon notice given to the landlord. Such termination shall be effective as of the date on which the tenant’s estate notifies the landlord of its election to terminate and surrenders possession of the premises. Such termination option shall be accompanied by the written consent thereto of any co-tenant or guarantor of such lease. Nothing in this section shall be construed to relieve the tenant’s estate of liability for rent money or any debt incurred prior to the date of termination of the lease, including damages to the premises and any expenses the landlord may incur as a direct result of the tenant’s death, except that the tenant’s estate shall not be liable for damages or any other penalty for breach of inadequate notice as a result of terminating a lease under this section. Any notice or communication required or authorized to be given hereunder shall be sent by registered or certified mail, return receipt requested. This section shall not apply to a proprietary lease, viz.: a lease to, or held by, a tenant entitled thereto by reason of ownership of stock in a corporate owner of premises which operates the same on a cooperative basis. Any waiver of any part of this section shall be void as against public policy.