Your rights
Breaking a lease early: what you owe, and when the law lets you leave
Key points
- The lease
- If you leave early without a legal reason, you generally keep owing rent until the lease ends or a new tenant is found. Read your lease first: it may set an early termination fee or rules on subletting.
- Re-renting
- In Texas and New York the landlord must try to re-rent the home, and a lease clause waiving that duty is void. In California, you don't owe rent losses you prove could reasonably have been avoided.
- Protected reasons
- Military orders anywhere, and domestic violence in California, Texas and New York, let you end a lease early with written notice. New York adds tenants 62 or older moving to care.
- Notice
- Rent ends 14 days after notice for a California victim of violence, and about 30 days after notice in Texas and New York; for servicemembers, 30 days after the next rent due date.
Quick guide
Why do you need to leave?
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Breaking a lease means moving out before a lease with an end date runs out. Unless the law gives you a reason to leave early, you usually stay responsible for the rent, but in many states, including Texas and New York, the landlord must try to find a new tenant, and what you owe shrinks when it does. A few situations, such as military orders, domestic violence or a landlord who won't make serious repairs, let you end the lease early under the law, if you follow its steps.
Below: what your lease says, month-to-month notice, the landlord's duty to re-rent, the reasons the law protects, repairs, subletting, what breaking a lease can cost you, and how to give notice, with the rules in California, Texas, Florida and New York. This page explains the law; it is not legal advice about your lease.
Start with your lease
A written lease may say how far in advance you must tell the landlord before you move out, and the amount of any fee for ending it early. In Texas, for example, the law does not set the notice for a lease that is not month-to-month: it depends on what you and the landlord agreed. Texas State Law Library: Ending the Lease
If you move out early for a reason the law does not protect, you continue to owe rent under the lease, and you only stop owing it once the lease ends or a new tenant is found. Texas State Law Library: Ending the Lease
Month-to-month? Then you don't break anything: you end the tenancy with notice. Cal. Civ. Code § 1946 · Tex. Prop. Code § 91.001 · Fla. Stat. § 83.57 · N.Y. Real Prop. Law § 232-b
| State | Notice to end a month-to-month tenancy |
|---|---|
| California | At least 30 days' written notice, at any time; rent is due up to the termination date. Cal. Civ. Code § 1946 |
| Texas | The tenancy ends on the date in your notice or 1 month after you give it, whichever is later, unless you both signed a different notice period. Tex. Prop. Code § 91.001 |
| Florida | Written notice not less than 30 days before the end of a monthly rental period. Fla. Stat. § 83.57 |
| New York | Outside New York City, at least one month before the end of the term. N.Y. Real Prop. Law § 232-b · New York Attorney General |
The landlord's duty to re-rent (mitigate damages)
When a tenant leaves early, most of what the tenant can owe depends on whether the landlord must try to re-rent the home. That duty is called mitigating damages, and the four states handle it differently. Tex. Prop. Code § 91.006 · N.Y. Real Prop. Law § 227-e
- California. If you abandon the home and the lease ends, the landlord can recover the unpaid rent, minus the rent loss you prove could have been reasonably avoided. If your lease lets you sublet or assign it and includes this remedy, the landlord may instead keep the lease in effect and collect rent as it comes due.Cal. Civ. Code §§ 1951.2, 1951.4
- Texas. A landlord has a duty to mitigate damages if a tenant abandons the home in violation of the lease, and a lease clause that waives that duty is void. The landlord must make objectively reasonable efforts to find a suitable replacement, not take any willing tenant.Tex. Prop. Code § 91.006 · Texas State Law Library: Ending the Lease
- New York. The landlord must take reasonable and customary actions, in good faith, to re-rent at fair market value or your rent, whichever is lower. Once a new tenant's lease starts, yours ends. The landlord has the burden of proof, and a lease clause exempting the landlord is void.N.Y. Real Prop. Law § 227-e · New York Attorney General
- Florida. The landlord picks one of four options: end the lease and retake the home, ending your liability; re-rent it for your account, in good faith, and charge you the difference; stand by and charge rent as it comes due; or charge an early termination fee you agreed to in advance.Fla. Stat. § 83.595
When the law lets you end a lease early
Some reasons let you end a lease early and stop owing future rent, as long as you give written notice and any documents the law lists. You still owe rent up to the termination date. 50 U.S.C. § 3955 · Cal. Civ. Code § 1946.7 · Tex. Prop. Code § 92.016 · N.Y. Real Prop. Law § 227-c
Military service (every state). Under the Servicemembers Civil Relief Act, you can end a home lease you signed before entering military service, or after receiving orders for a permanent change of station or a deployment of at least 90 days. Deliver written notice and a copy of the orders. If the rent is paid monthly, the lease ends 30 days after the next rent due date following the notice. The landlord may not charge an early termination fee and must refund rent paid in advance within 30 days. 50 U.S.C. § 3955
Texas and Florida add their own rules. Texas covers the same orders and deployments of 90 days or more for servicemembers and their dependents. Florida lets a servicemember end the lease with notice effective at least 30 days after the landlord receives it, for example after orders to move 35 miles or more away; the rent is prorated, and no other damages are owed. Tex. Prop. Code § 92.017 · Fla. Stat. § 83.682
| State | Violence or abuse: who can leave, and the notice |
|---|---|
| California | A tenant, or a household or immediate family member, who was a victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain violent crimes. Give written notice within 180 days, with documents such as a protective order, a police report or a qualified third party's statement. You owe rent for no more than 14 days after the notice, and the landlord may not keep your deposit because you left. Cal. Civ. Code § 1946.7 |
| Texas | A victim of family violence, with a protective order or documentation from a health care provider, mental health provider or advocate, or a victim of certain sex offenses or stalking in the last 6 months. Give written notice and wait 30 days, then move out. A landlord who violates this owes one month's rent plus $500, actual damages and attorney's fees. Tex. Prop. Code §§ 92.016, 92.0161 · Texas State Law Library: Ending the Lease |
| New York | A tenant who, or whose household member, is a victim of domestic violence and who reasonably fears staying. The termination date must be at least 30 days after the notice is delivered; a mailed notice counts as delivered 5 days after mailing. Documents, such as an order of protection, are due within 25 days of the notice. N.Y. Real Prop. Law § 227-c · New York Attorney General |
In New York, the landlord may not withhold any part of the deposit because you used this right, and may not describe the termination as an early termination to a future landlord. N.Y. Real Prop. Law § 227-c
Older tenants in New York. A tenant 62 or older, or with a disability, can end a lease to move into an adult care facility, a residential health care facility, subsidized low income or senior housing, or a family member's home. The termination takes effect no earlier than 30 days after the next rent due date following the notice. For example, notice mailed on April 5 is deemed received April 10; the next rent is due May 1, so the earliest termination date is June 1. N.Y. Real Prop. Law § 227-a · New York Attorney General
A tenant's death in Texas. The representative of the estate of a tenant who lived alone can end the lease with written notice; it ends on the 30th day after the notice or when the law's conditions, such as removing the belongings, are met, whichever is later. Tex. Prop. Code § 92.0162
Calculator
When can your lease end after you give notice?
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Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
When the landlord won't make serious repairs
California, Texas and Florida each let a tenant end the lease in some cases when the landlord does not fix a serious problem after notice, but only by following the state's steps. Cal. Civ. Code § 1942 · Tex. Prop. Code § 92.056 · Fla. Stat. § 83.56
- California: if the landlord doesn't repair conditions that make the home untenantable within a reasonable time after written or oral notice, you may move out and stop owing rent from that date. This remedy can be used no more than twice in any 12-month period. Cal. Civ. Code § 1942
- Texas: for a condition that materially affects the physical health or safety of an ordinary tenant, the notice steps are strict, and seven days is presumed a reasonable time to repair. If the landlord is liable, you may terminate the lease and get a pro rata refund of rent and your deposit back by law. You must be current on rent when you give notice. Tex. Prop. Code § 92.056
- Florida: if the landlord materially fails to comply with its maintenance duties or material terms of the lease within 7 days after your written notice that names the problem and says you intend to end the lease, you may terminate it. Fla. Stat. § 83.56
Subletting, or finding a replacement tenant
Handing the home to someone else can cut what you owe, but the rules differ. Tex. Prop. Code § 91.005 · Cal. Civ. Code § 1951.4 · New York Attorney General
- Texas: during the lease, you may not rent the home to someone else without the landlord's prior consent. Tex. Prop. Code § 91.005
- California: if the lease lets you sublet or assign, the landlord may keep the lease in effect and collect rent as it comes due, while you look for someone to take over. Cal. Civ. Code § 1951.4
- New York: in a building with four or more apartments, you have the right to sublet with the landlord's advance consent, and you stay liable for the rent. If the landlord unreasonably refuses consent to assign the lease, you are entitled to be released within 30 days. In a building with three or fewer apartments, the landlord does not have to agree to a sublet. New York Attorney General
In New York, once a new tenant's lease at fair market value or your rent takes effect, your lease ends. N.Y. Real Prop. Law § 227-e
Whatever you agree with the landlord, get it in writing, signed by the landlord.
What breaking a lease can cost: fees, the deposit and your credit
An early termination fee. In Florida, the fee or liquidated damages can't be more than 2 months' rent, the lease can't require more than 60 days' notice, and you must have agreed to it in a separate addendum when you signed. With the fee, the landlord also gets rent through the end of the month it retakes the home, and charges for damage. Fla. Stat. § 83.595
A reletting fee. Texas statutes don't mention reletting fees, but courts have generally found that landlords can charge reasonable fees to relet a home. Texas State Law Library: Ending the Lease
Your deposit. When the landlord can't find a new tenant, the security deposit may not cover the rent you owe. Each state's rules on deductions and deadlines are on security deposits. Texas State Law Library: Ending the Lease
A tenant who ends a lease under the violence rules keeps the deposit rights: in California, the landlord can't make the tenant forfeit the deposit because of the termination, and in New York it can't withhold any part because the tenant used that right. Cal. Civ. Code § 1946.7 · N.Y. Real Prop. Law § 227-c
Your credit. If the landlord can't find a new tenant, it may send the debt to collections or sue over the unpaid rent, which can make renting harder later. An account placed for collection can stay on a credit report for up to seven years. Texas State Law Library: Ending the Lease · 15 U.S.C. § 1681c
How to give notice
The laws above all ask for written notice. Some also say how to deliver it:
- California, for a month-to-month tenancy: in a manner set by the Code of Civil Procedure, or by certified or registered mail, which you may also send to the agent you paid the rent to. Cal. Civ. Code § 1946
- Servicemembers: by hand, by private carrier, by mail with return receipt requested, or by electronic means, with a copy of the orders. 50 U.S.C. § 3955
- New York, for a victim of domestic violence: to the landlord or its agent and to any co-tenant other than the abuser; mailed by first class mail, it counts as delivered 5 days after mailing. N.Y. Real Prop. Law § 227-c
Keep a copy of your notice and of the documents you attached, with proof of the date you delivered them: the delivery date decides when the periods in the calculator above begin.
Getting help
The New York Attorney General's residential tenants' rights guide and the Texas State Law Library explain early termination in plain language. Free legal aid can review your lease before you sign anything new. New York Attorney General · Texas State Law Library: Ending the Lease
Common questions
Can I break my lease early?
You can move out, but unless the law protects your reason, you usually owe rent until the lease ends or a new tenant is found. Military orders, domestic violence in California, Texas and New York, and some serious repair problems let you end a lease early with written notice.
How much does it cost to break a lease?
It depends on your lease and your state. You may owe rent until the home is re-rented, plus reasonable costs. In Florida, an early termination fee you agreed to in a separate addendum can't be more than 2 months' rent.
Does my landlord have to re-rent my apartment?
In Texas and New York, yes: the landlord must make reasonable efforts to re-rent, which reduces what you owe. In California, you don't owe rent losses you prove could reasonably have been avoided. In Florida, the landlord may instead stand by and charge the rent as it comes due.
Does breaking a lease hurt your credit?
It can if unpaid rent goes to collections or the landlord sues you. A collection account can stay on your credit report for up to seven years.
Can I break my lease for military orders?
Yes. Under federal law, you can end a home lease after entering military service, or after orders for a permanent change of station or a deployment of at least 90 days. Give written notice and a copy of the orders; with monthly rent, the lease ends 30 days after the next rent due date.
Can I break my lease because of domestic violence?
In California, Texas and New York, yes, with written notice and documents such as a protective order. In California you owe rent for no more than 14 days after the notice; in Texas and New York the lease ends about 30 days after notice.
Can I break my lease if my landlord won't make repairs?
Sometimes. California, Texas and Florida each let a tenant end the lease when the landlord fails to fix a serious problem after notice, but only by following the state's steps and time limits.
How much notice do I need to give to end a month-to-month lease?
At least 30 days' written notice in California; 30 days before the end of a rental month in Florida; and one month in Texas, or in New York outside New York City. In Texas, a period you both signed can replace it.
Will I get my security deposit back if I break my lease?
Part of it may go to rent you still owe, under your state's deposit rules. A tenant who ends a lease under the violence rules in California or New York can't lose the deposit just for leaving.
Official sources
- California Civil Code § 1946: notice to end a month-to-month tenancy leginfo.legislature.ca.gov
- California Civil Code § 1946.7: ending a tenancy after domestic violence, sexual assault, stalking or other crimes leginfo.legislature.ca.gov
- California Civil Code § 1951.2: the landlord's damages after a tenant leaves leginfo.legislature.ca.gov
- California Civil Code § 1951.4: keeping the lease in effect when the tenant may sublet leginfo.legislature.ca.gov
- California Civil Code § 1942: repair and deduct, or vacate leginfo.legislature.ca.gov
- Texas Property Code, Chapter 91 (§§ 91.001, 91.005, 91.006: notice, subletting, duty to mitigate) tcss.legis.texas.gov
- Texas Property Code, Chapter 92 (§§ 92.016, 92.0161, 92.0162, 92.017, 92.056: early termination and repairs) tcss.legis.texas.gov
- Texas State Law Library: Landlord/Tenant Law, Ending the Lease guides.sll.texas.gov
- Florida Statutes § 83.595 (2026): choice of remedies upon breach or early termination by tenant flsenate.gov
- Florida Statutes § 83.682 (2026): termination of rental agreement by a servicemember flsenate.gov
- Florida Statutes § 83.56 (2026): termination of rental agreement flsenate.gov
- Florida Statutes § 83.57 (2026): termination of tenancy without specific term flsenate.gov
- New York Real Property Law § 227-e: landlord duty to mitigate damages nysenate.gov
- New York Real Property Law § 227-c: termination of a lease by victims of domestic violence nysenate.gov
- New York Real Property Law § 227-a: termination of a lease by senior citizens or individuals with a disability nysenate.gov
- New York Real Property Law § 232-b: ending a month-to-month tenancy outside New York City nysenate.gov
- New York Attorney General: Residential tenants' rights guide ag.ny.gov
- 50 U.S.C. § 3955: termination of residential leases by servicemembers (SCRA) govinfo.gov
- 15 U.S.C. § 1681c: information excluded from consumer reports govinfo.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.