Question 1

How much does it cost to break a lease early?

Accepted Answer

Lease break costs depend on your state and lease terms. With an early termination clause, you typically owe 1-3 months rent. Without one, in states that require landlord mitigation, you owe rent until a new tenant is found (often 1-2 months). In states without mitigation (like Georgia), you could owe the full remaining rent balance.

Question 2

Can a landlord charge any amount for breaking a lease?

Accepted Answer

No. Most states require landlords to mitigate damages  -  meaning they must make reasonable efforts to find a new tenant. Once re-rented, your liability ends. Early termination clauses that charge more than actual damages may be unenforceable in many states. Courts often reduce excessive penalties.

Question 3

Can I legally break my lease early without penalty?

Accepted Answer

Yes  -  several situations allow penalty-free lease breaks in most states: active military deployment (federal SCRA), domestic violence or sexual assault (most states), landlord breach of the warranty of habitability (landlord fails to make repairs), landlord harassment, or uninhabitable conditions. Check your state's specific protections.

Question 4

What is the Servicemembers Civil Relief Act (SCRA)?

Accepted Answer

The SCRA is a federal law that allows active duty military members to break a lease without penalty. You must give written notice and provide a copy of deployment orders. The lease terminates 30 days after the next rent due date following notice.

Question 5

Does a landlord have to let me sublet instead of breaking my lease?

Accepted Answer

It depends on your lease. Many leases prohibit subletting without landlord approval. However, some states (like California) require landlords to not unreasonably withhold approval for subletting. If subletting is permitted, it can be a lower-cost alternative to lease termination.

Question 6

What's the difference between lease termination and subletting?

Accepted Answer

Lease termination ends your agreement entirely  -  you pay a penalty and have no further obligations (once settled). Subletting keeps you on the lease as the primary tenant: you find another person to pay your rent, but remain legally liable if they default. A lease assignment transfers all rights and obligations to a new tenant, releasing you completely.

State	Mitigation Required	Typical Penalty	Notice
Arizona	Yes	2 months rent	30 days
California	Yes	Varies / actual damages	30 days
Colorado	Yes	Varies / actual damages	21 days
Florida	Yes	Varies / actual damages	60 days
Georgia	No	2 months rent	30 days
Illinois	Yes	2 months rent	30 days
Maryland	Yes	2 months rent	30 days
Massachusetts	Yes	Varies / actual damages	30 days
Michigan	Yes	Varies / actual damages	30 days
Minnesota	Yes	Varies / actual damages	30 days
New Jersey	Yes	Varies / actual damages	30 days
New York	Yes	Varies / actual damages	30 days
North Carolina	No	Varies / actual damages	30 days
Ohio	Yes	Varies / actual damages	30 days
Oregon	Yes	1.5 months rent	30 days
Pennsylvania	Yes	Varies / actual damages	30 days
Tennessee	Yes	2 months rent	30 days
Texas	Yes	2 months rent	30 days
Virginia	Yes	2 months rent	30 days
Washington	Yes	2 months rent	20 days