Breaking Your Lease Early

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Moving out before your lease ends is a serious step. If you just leave, your landlord may be able to keep charging you rent and take you to court. But in a few situations, you can end your lease early without penalty.

This page explains when you can leave early and what steps to take.

How much notice do I need to give to end a month-to-month lease?

First, read your lease carefully to see if it says anything about it. If the lease doesn’t say anything about it, then you or your landlord can end a month-to-month lease by giving written notice at least 30 days before the next time rent is due. For example, if your rent is due the first day of the month and you want to end the lease on May 1, you would need to give your landlord notice by April 1, 30 days before rent would be due for May.

Can I break my lease because of domestic violence?

If you have a preliminary or final protective order or if your abuser has been charged or convicted of certain crimes, you may be able to end your lease early. There are a few hoops you’ll have to jump through, and you’ll need to confirm you meet the eligibility requirements. You should definitely get help from a legal aid lawyer to make sure you take all the right steps.

What if I'm in the military and have to move?

If you are an active-duty U.S. service member or a National Guard member on full-time duty, you may be able to end your lease early without penalty.

You may qualify if one of the following is true:

You received permanent change of station orders.
You received temporary duty orders for more than three months.
You were discharged or released from active or full-time duty.
You were ordered to move into government-supplied housing, which means you lose your housing allowance.
You can’t occupy the home because you received a stop movement order effective for at least 30 days.

What do I need to do?

Give your landlord written notice at least 30 days before your next rent payment is due.
Include a copy of your official orders, or a signed letter from your commanding officer confirming them.
Your lease can end no more than 60 days before the departure date in your orders.

Your landlord must prorate your final rent payment to your actual move-out date. They cannot charge you an early termination fee.

Does my landlord have to try to find a new tenant if I leave early?

Yes, your landlord has to make reasonable efforts to rent the home to someone. But a judge might think it is reasonable for the landlord to fix up the property before renting it out again, so it might not be immediate.

What happens to my belongings if I leave them behind?

If you move out and return your keys, your landlord can consider any belongings you left behind to be abandoned. The landlord should have given you a written notice at some point letting you know that after 24 hours of move-out, they can do what they want with remaining belongings.

If the landlord sells your abandoned belongings, they must apply the earnings to your debt and treat it the same way they do a security deposit.