How to Break a Lease (and What to Know Before You Do It)

There comes a time in many renters’ lives when circumstances change and they want to break a lease early. It may be because of a job change or an unsavory roommate situation or any other of the many reasons people decide to pack up and move, but regardless of the reasoning, deciding to relocate before your rental contract is up presents some complicated—but not insurmountable—problems.

The first thing to know about how to get out of a lease is that it’s rarely as simple as just calling up your landlord and stating your intentions. While you may get lucky and have a sympathetic landlord who is willing to let you off the hook without any penalties, that’s not always the case. A lease is a legally binding contract that establishes expectations on both ends. For your landlord, there’s an expectation of tenancy—and therefore, rental payments—through a set period of time. Not everyone is willing to give that up so easily.

Fortunately, if you need or want to break a lease early, you’re not at a total loss. Read on to learn the basics of breaking a lease so you can be sure to go in prepared.

Read through the lease

Before you say anything to your landlord, read through your signed rental contract and look for specifications regarding early lease termination. There should be a section in there that outlines what circumstances are acceptable for breaking a lease (if there are any), how much notice has to be given, as well as any potential financial penalties for breaking the contract. Look for words like “lease termination” or “early release,” and then tab the page so you know where to find that information later on for possible reference.

Found the section but it says the lease cannot be broken for any reason? Don’t start to worry yet. Just because something is written in the lease does not mean it can’t be amended if agreed upon by both parties. There’s still a chance that your landlord will be open to working something out.

Start the conversation

Set up a time to speak with your landlord—in person, preferably—and explain why you need to break the lease. Transparency and honesty are key here, as is a kind and respectable tone. Even if your relationship has been contentious or your reason for wanting to get out of the lease early is directly related to your landlord’s management, the calmer and more polite you can be the better chance you have of achieving a favorable solution (kill ‘em with kindness, right?).

Start the dialogue by explaining why you would like to break the lease and ask what your possible solutions are. Reference what you found regarding early termination in the lease itself if it’s information that helps your case. Landlords are people too, and most will probably be willing to at least hear you out. If you can come up with a solution that works on both ends, such as a requirement that you pay a reasonable penalty or assist in securing a new tenant for the property, you should be able to make the process pretty easy. If your landlord isn’t amenable to the idea, however, you may have to accept that it’s not going to happen without a legal basis.

Legal reasons to break a lease

There are some situations where you are legally allowed to break your lease regardless of what the contract says about early release. Your specific legal rights in this area are dependent on the laws in your state, but typically, a legal basis for breaking a lease early can be established if:

– You are an active member of the military and receive a change of station notice;
– You have been the victim of domestic violence at some point within the last three to six months;
– You find out the rental itself is illegal;
– Your landlord has failed to maintain the premises in a fit and habitable manner;
– Your landlord has breached the lease on their end, such as giving less than 24 hours’ notice before entering your unit when the lease dictates you must receive that.

If you’re looking to break a lease based on a legal claim, be sure to research the landlord-tenant laws in your state (you can do so here), including how much notice is required to be given if you are breaking the lease for a legally acceptable reason. Even if the law is on your side, you may still be required to give at least 30 days’ notice of your intent to vacate the property.

Ask about subletting or reletting

While you may have a multitude of reasons for wanting to break a lease early, your landlord has a very simple one for not wanting to do it: the rent money. So ask your landlord if there’s a way you can compromise by finding a new tenant to take over the remainder of the lease by subletting. Again, look to the rental contract itself first, which will likely dictate whether or not subletting is allowed. If it says it’s not but you have a good reason for wanting to break the lease early, still run the idea by your landlord.

In some cities, like Chicago, standard leases dictate that all tenants have the right to sublease a property, provided the new tenant meets the (reasonable) standards of the landlord. Do keep in mind however that a sublet is a little bit risky—you’re taking on the responsibility of the new tenant, including any damages or issues that arise.

You can also see if your landlord will allow a re-let, which is where a new tenant comes in and signs a new lease, as opposed to just taking over the remainder of yours. This is less risky on your end, and usually a preferable choice.

If all else fails…

There’s always the possibility that you won’t be able to break a lease early, no matter how good your reasoning for wanting to do so. Landlords are business people, and they’re not always going to be flexible. If this happens but you still really want to leave, ask if you can vacate the property but continue paying the rent until the unit is re-let, with the expectation that your landlord will start looking for a new tenant immediately. Depending on where you live, you likely won’t have to wait very long for them to find someone. You may have to pay additional money on top of that, such as forfeiting your security deposit, but if you’re really set on leaving early then it’s just the price you’re going to have to pay to do it.

A good lesson for all renters is that you never know when circumstances will arise that will make you want to consider getting out of a lease before the contract term is up. Be sure to keep that in mind while renting, and do your best to be a good tenant and maintain a friendly—or at least respectable—relationship with your landlord. If you always pay your rent on time and keep the property in good condition, you have a much better chance of facing leniency when and if you want to break the lease later on.