What happens if I break my lease on my apartment?

Breaking a lease early can feel overwhelming. It’s a significant legal and financial decision that can have lasting consequences. We understand that you may have a valid reason for it–an unexpected life change, relocating for work, or dealing with an uncooperative landlord. But whatever the reason, it’s smart to know your rights and responsibilities under landlord-tenant law in the United States. If you are wondering, what happens if I break my lease on my apartment, give this blog a read.   

According to a 2023 study by the National Multifamily Housing Council, approximately 15% of renters break their leases early each year, often facing substantial penalties. So, is there an easy way to get out of a lease agreement earlier than anticipated?

Let’s examine every aspect of lease termination, from legal foundations to practical exit strategies for a renter.

What is a lease agreement?

Your lease agreement is a legally binding contract that outlines the terms of your rental. 

If you have a month-to-month lease, breaking your lease is much easier. You usually only need to provide a 30-day written notice before moving out. However, if you’re on a fixed-term lease, and decide to break the lease early, you could face financial penalties, legal action, and damage to your credit score. However, in some cases, you may have valid legal reasons to terminate your lease without major consequences. We’ll explore the exceptions below. 

Is there a legal justification for breaking a lease?

Under landlord-tenant law, there are certain situations where tenants can legally break their lease without facing major penalties:

Military service

Under the Servicemembers Civil Relief Act (SCRA), active-duty military members can legally terminate a lease if they receive orders to relocate or deploy for at least 90 days. In such situations, tenants must provide their landlord with written notice and a copy of their orders.

Victims of domestic violence

Many states in the U.S. allow victims of domestic violence to break a lease without penalty. Of course, you will need to provide proof, such as a restraining order or police report.

Landlord violations

If your landlord fails to maintain habitable living conditions—such as lack of running water, heat, electricity, severe mold issues, or pest infestations—you may have the right to break your lease under constructive eviction laws. It’s best to check your state’s landlord-tenant laws for specific requirements.

Read more: Can my landlord show my apartment before I move out?

Illegal lease agreements

If your lease violates state laws, such as including illegal fees or failing to provide required disclosures, you may be able to terminate it legally.

What happens if I break my lease on my apartment without a legal justification?

If you break your lease without legal justification, you may face:

• Lawsuits and legal action: Your landlord could sue you for unpaid rent.
• Credit damage: Unpaid lease-related debt could be reported to credit agencies.
• Difficulty renting in the future: Future landlords may require rental history checks, and breaking a lease could work against you.

What are the steps to take before breaking your lease?

Review your rental agreement

Before making any decisions, carefully review your rental agreement. Many leases include clauses about early termination fees, required written notice, and whether you have the option to find a replacement tenant to mitigate financial loss.

Communicate with your landlord

Open communication with your landlord can sometimes lead to a mutually agreeable solution. Some landlords may allow you to end your lease early if you can find a replacement tenant, while others may require you to pay a penalty.

Provide proper notice

Most leases require at least 30 days written notice before moving out. However, your lease may specify a different timeframe. Failing to give proper notice could result in additional charges or legal disputes.

Read more: End of lease cleaning

What happens if I break my lease on my apartment: financial consequences

Breaking your lease can lead to several financial penalties, including:

• Losing your security deposit: Landlords often retain the security deposit to cover unpaid rent or damages.
• Owing months of rent: You may be required to pay for the remaining lease term unless your lease allows you to find a replacement tenant or your landlord re-rents the unit.
• Early termination fees: Some rental agreements specify fees for breaking a lease, which could equal one or more months’ rent.
• Damage to your credit score: If you fail to pay what you owe, your landlord could send your debt to collections, negatively impacting your credit score.

Are there any alternatives to breaking a lease?

If you need to move but want to avoid penalties, consider these alternatives:

Subletting the apartment

Some leases allow tenants to sublet their rental units. This means you find someone else to take over your rent payments. However, you usually need landlord approval for this to happen.

Finding a replacement tenant

Rather than subletting, you can try finding a new tenant to sign a new lease with the landlord, effectively replacing you.

Negotiating with your landlord

Some landlords may be willing to let you out of your lease early, especially if they can re-rent the unit quickly.

Final thoughts

Breaking a lease is a serious decision that can have financial and legal repercussions. However, if you plan ahead, understand your lease agreement, and communicate effectively with your landlord, you may be able to minimize the impact. Remember, knowing your rights under landlord-tenant law is crucial to navigating the moving-out process smoothly.

FAQs 

How much notice do I have to give to break my lease?

Most leases require at least 30 days’ written notice, but some may have different terms. Always check your rental agreement for specific details.

Will breaking my lease hurt my credit score?

It can, especially if you owe unpaid rent and your landlord reports it to a collections agency. However, if you negotiate with your landlord and pay any required early termination fees, your credit score may remain unaffected.

What happens to my security deposit if I break my lease?

Your security deposit may be withheld if you owe unpaid rent or cause damages. However, if you leave the unit in good condition and fulfill any required payments, you might still get it back.

What are early termination fees?

These are fees outlined in your lease agreement that you must pay if you break the lease early. They may range from one or more months’ rent.

Written by Ramona Sinha. April 2, 2025

Ramona is the Senior Content Writer for Kukun. This experienced blogger uses simple and succinct words to decipher the complex phenomenon called life. She has written articles covering a broad range of topics, such as real estate, lending and mortgage, finance, business, taxation, home designs, home improvement projects, decor concepts, and more. An avid traveler, she’s a digital nomad at heart and an animal lover from the depth of her soul.