What Happens When You Break an Apartment Lease (Updated for 2024)

Evelyn Long

Aug 23, 2022

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If you rent an apartment, you may want or need to break your lease early. You might be dealing with roommate or landlord issues or need to move away for work. Regardless, there are some things you want to keep in mind when you break an apartment lease. 

The important thing is to be aware but not anxious about the potential consequences, especially when you don’t have a choice. 

You can get out of an unsavory situation with proper knowledge and communication. If you just want to pack up and leave because you’re sick of the apartment, you’re more likely to face these consequences. 

A woman signs a contract on a black table with two guys next to her.

What Does It Mean to Break an Apartment Lease?

Breaking an apartment lease requires contacting your landlord to end your lease before the end date in your original contract. Even if you only need to move out a few weeks early, your landlord could consider it a break in your lease if there’s no clause allowing an early termination.

A guy in a thin plaid shirt and green tie reviews paperwork at his professional desk. His desk is covered in notebooks, plants, a laptop, a coffee mug and his phone. Another desk sits in the background, which makes this presumably a rental office where people would go to break their apartment lease.

Potential Consequences You Might Face 

If you know you’re breaking your lease, you need to notify your landlord as soon as possible to develop an arrangement that benefits both of you. Your landlord may ask you to sublease your apartment or help find a new tenant. 

A lease is a binding legal document, so you may face the consequences for breaking the contract.

You Could Have to Pay Extra Fees

When you sign a lease, you agree to pay a set amount over your rental term and your landlord will likely want that amount even if you leave early. Remember that your landlord is running a business and you going early would mean they’re losing money. 

Some landlords will let you go with the equivalent of one or two months’ rent instead, while others may charge you extra for your early departure. 

Your Landlord Might File a Lawsuit

You may face legal action if you’re determined to get out of your lease and don’t have a legal exception. 

Some laws protect transferring military members, domestic violence victims, illegal lease tenants and tenants whose landlords breached the lease. However, your landlord could sue you for ending your lease early without legal protection in your state. 

Be sure to review the laws in your area and the terms of your lease and speak with a lawyer if you have any concerns about legal charges. 

You Could Get a Worse Credit Score

By exiting your lease early, you risk damaging your credit score. If you do not pay associated fees, your landlord may send that debt to a collections agency or small claims court, which will get back to the three major credit bureaus that determine your score. 

A poor credit score could make renting a new place or taking out a loan harder. Make sure to communicate with your landlord and do your research before breaking your lease to try and avoid this. 

You Might Face Future Rent Troubles

You risk having trouble finding a new place by breaking your lease since a previously broken lease is a red flag to potential landlords. This, accompanied by a contentious history with landlords, could make other landlords not trust you. 

Some landlords like to call your previous landlords for references; if they don’t have nice things to say, you’re likely not getting that apartment. That’s why it’s vital to be proactive with your current landlord when you need to break your lease. 

When you are apartment hunting, be honest with any questions your potential new landlord has about your previous rental experience. 

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Are You Allowed to Break Your Lease?

Ultimately, your landlord can’t physically restrain you within your rental unit. Read through your lease carefully to see if there are any clauses granting permissions for breaking it at a specific point. Some management companies add wording to allow for lease amendments as soon as six months into the contract. Others don’t allow any flexibility.

Usually, the clause outlines what you need to do to move out early, like paying a specific amount of money for each month you won’t fulfill. You’ll need to know if your landlord requires something similar before contacting them about moving out.

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Research Your State’s Tenants’ Rights Laws

Tenants’ rights laws differ by state. They’ll cover various things in your interest, like capping how much a landlord can charge when breaking a lease. They can also help you get your security deposit back. If you need clarification, contact sliding scale legal aid organizations or civil litigation attorneys.

They’ll read through your lease and any written contact your landlord may have sent. You’ll get specific advice for your unique situation. If you need to go to court to get out of your lease, you’ll need a lawyer to increase your chance of a quick settlement.

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Understand Your Options as a Renter

If you have to break your lease, don’t panic. There’s a possibility of consequences and you can expect to pay a fee. However, if you are transparent about your situation and know the lease and the law, you’ve done everything possible to make the process positive. 

Breaking an Apartment Lease FAQs

Does Breaking a Lease Hurt Your Credit?

Good news for renters — broken leases don’t appear on your credit report, so it won’t directly affect your financial history. Credit bureaus don’t handle rent payments, which is why paying your rent on time also doesn’t help your credit score.

However, landlords have the right to report unpaid rent to a debt collection agency. Those agencies do report their findings to credit bureaus. It’s more reason to work with your landlord as much as possible or find legal representation to get the best outcome.

What Is the Best Excuse to Break a Lease?

The best excuses to break a lease are the ones that put landlords in legal jeopardy. You’ll have the easiest time breaking your contract if your rental unit violates state or federal health codes. You could also say you need to move out if you’re an active military member and get deployed.

Ultimately, people break leases for all kinds of reasons. A reasonable landlord will outline steps for you to proceed with your life elsewhere. If what they charge is too expensive or they try to lock you in, legal representation is the next best step toward a possible solution.

How Long After Signing a Lease Can You Back Out?

You can only back out after signing a lease if your lease has a clause notifying when the landlord accepts unpaid future rent. Otherwise, you’re legally obligated to stay in that rental unit. People sometimes confuse this with the Federal Trade Commission’s (FTC’s) cooling-off rule, which gives consumers three days to back out of an expensive purchase. This rule doesn’t apply to rental leases.

Original Publish Date 8/23/2022 — Updated 10/1/2024

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