Leases are legally binding, but under certain conditions, tenants can break them without penalty. Knowing your rights can save you from unnecessary fees or even lawsuits.
Valid Reasons to Break a Lease:
- Habitability Issues:
- Uninhabitable conditions (e.g., no heat, mold, infestations)
- If landlord doesn’t fix after written notice, tenant may leave legally
- Military Service:
- Under the Servicemembers Civil Relief Act (SCRA), active duty members can terminate leases
- Domestic Violence:
- Many states allow victims to end a lease early for safety reasons
- Illegal Lease Terms or Landlord Violations:
- If landlord enters unlawfully, harasses, or violates privacy
- Constructive Eviction:
- When living conditions become so bad that the tenant is forced to leave
Improper Lease Breaks:
- Can result in loss of security deposit
- Tenant may be liable for remaining rent
- Some landlords may sue unless unit is re-rented quickly
Tip: Always give written notice and try to negotiate before leaving.