How to Break a Lease

If you have signed a lease, it is a binding contract.   If, however, after you have moved into your new home you decide that you can't stay or don't want to stay until the end of the lease, first talk to your landlord to see if you can break your lease early.  A reasonable landlord may let you do so if you find a tenant for him to rent to or if you agree to surrender your security deposit.  Some landlords, though, will not let you out of your lease early and for the most part, they have the law on their side.

If the property is in fine condition but you just want out of your lease, you can abandon the property.  This is called a "surrender," which the landlord may or may not accept.  If he does and leases the apartment to someone else, you are still not off the hook.  In addition to losing your security deposit, in some states you may be liable for rent during the time it takes the landlord to re-lease the property and for any difference between the rent you were paying and the rent the new tenant is paying.   If the landlord does not accept your surrender and does not lease the apartment to someone else, then you are responsible for the rent remaining on your lease.

Bottom line:  talk to an attorney before breaking your lease, and read the lease very carefully before signing it as you can be assured it is stacked toward the landlord's favor more than it is toward yours.

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