What a tenant owes when leaving before a fixed-term lease ends, the landlord's duty in most states to re-rent, and the situations in which the law lets a tenant end a lease early.
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A fixed-term lease is a contract to pay rent for the whole term. A tenant who moves out early without a legal reason is generally liable for the rent the landlord loses as a result, plus any costs the lease validly allows. But in most states the landlord cannot simply leave the unit empty and bill the tenant for the rest of the term: the landlord has a duty to mitigate, meaning a duty to make reasonable efforts to re-rent, and the tenant owes only the rent lost until a new tenant takes over and the reasonable cost of finding one. A minority of states do not impose that duty for residential leases, and the lease itself may contain an early-termination clause with a set fee.
Several situations let a tenant end a lease early without owing the rest of the rent. Federal law lets a servicemember terminate a residential lease after entering active duty or receiving permanent change-of-station or deployment orders, by giving written notice with a copy of the orders. Many states let a victim of domestic violence, sexual assault or stalking terminate with notice and documentation. A unit that becomes seriously unfit to live in may justify leaving under the warranty of habitability or constructive eviction, though tenants should follow the state's notice steps first. A landlord's own serious breach, such as repeated unlawful entry, can also end the tenant's obligation.
Practical options often cost less than a dispute. Many leases allow the tenant to sublet or assign with the landlord's consent, and some states require that consent not be unreasonably withheld. A written buyout agreement or a replacement tenant the landlord approves can end the lease cleanly. A tenant who leaves should give written notice, return the keys, photograph the unit, and give a forwarding address so the security deposit accounting reaches them.
Read the lease for an early-termination or subletting clause before you decide, and put every communication with the landlord in writing. Talk to a landlord-tenant lawyer, a tenant rights organization or a legal aid program if the landlord refuses to let you go despite a legal reason, sues you for the rest of the term, or keeps the deposit; many legal aid programs handle these cases at no cost, and servicemembers can get help from their installation's legal assistance office.
Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.
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