4 Potential Consequences of Breaking a Lease

If you’re a renter who wants to get out of their lease early, you’re not alone. It’s very common for renters to seek an early release from their lease agreements, and many renters do attempt the process. Reasons for wanting to break a lease vary by renter, and may be due to problems with the rental or landlord, roommate issues, or a need to relocate. But regardless of how good your reasons are, before asking your landlord if you can break your lease it’s important to know what the possible consequences of breaking a lease are, and whether you are prepared to deal with them.

A lease is a legal contract, meaning you are bound to its terms for the time period that you agreed to. For this reason, getting out of your lease isn’t always as easy as just putting in a request with your landlord. While some landlords or management companies are flexible and will work with you to come up with an arrangement that suits both parties, they are not under any obligation to do so. And even those renters with accommodating landlords may still face consequences of breaking a lease, the specifics of which we’ll get in to below.

How to break a lease

We’ve gone over this before in more depth, but here is a quick explainer of the steps you will need to take if you want to break your lease.

Read what your contract says about early releases

Talk to your landlord

Potential consequences of breaking a lease

Breaking any legal contract comes with its inherent risks. When it comes to your lease, these risks tend to be financial. Consequences of breaking a lease can also extend further into legal action and your future as a renter.

In the best case scenario, your landlord simply requires that you stay on as a paying tenant until he or she can find a new tenant to take over. If that’s the case, ask if you can assist in any way, perhaps by putting up posts for the listing or being available for showings. The more hands on deck, the faster you should be able to find a replacement.

So what does the not-so-best case scenario look like? Here are four potential consequences of breaking a lease that you should be aware of.

You could face some hefty fees

You could get sued

You could hurt your credit score

You could have trouble renting your next apartment

Legal reasons to break a lease

Not all early releases come with a fear of consequences. Certain scenarios allow you to break your lease early without any attendant penalties, including:

If the lease itself was illegal (such as if your landlord did not have the rights to be renting out the property or if the building was not up to code);
If you are an active member of the military who must change their station;
If you have been a victim of domestic violence within the past three to six months;
If your landlord has not maintained the unit in a fit and habitable manner;
If your landlord has breached the rental contract

It is a good idea to always look in to the landlord-tenant laws in your state to see whether there are any specific instances that might allow you to legally and without fault or financial burden break your lease early. Do note however that even with the law on your side you may be required to give your landlord at least 30 days’ notice of your intent to vacate.

If you want to break your lease and you are worried about the consequences of doing so, it could be worth it to speak to a lawyer or your local renters’ rights association. They can provide you with guidance on how to proceed, including how to talk to your landlord and what to do if you’re told you have no recourse.