Question 1

What happens if a tenant breaks a lease in California?

Accepted Answer

In California, when a tenant breaches the lease and abandons the property, the lease ends and the landlord may recover the rent that comes due afterward only to the extent it exceeds the rental loss the tenant proves could reasonably have been avoided. Rent already earned when the lease ends is recoverable in full. To recover for the part of the term after the court’s award, the lease must provide for it, or the landlord must have re-rented the property before the award and prove it acted reasonably and in a good-faith effort to mitigate the damages. A landlord may instead keep the lease in effect and recover the rent as it comes due only if the lease provides for that remedy and lets the tenant sublet or assign, subject only to reasonable limits. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is Cal. Civ. Code §§ 1951.2, 1951.4.

Question 2

What happens if a tenant breaks a lease in Texas?

Accepted Answer

In Texas, a landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. A lease provision that tries to waive this duty or to exempt the landlord from it is void. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is Tex. Prop. Code § 91.006.

Question 3

What happens if a tenant breaks a lease in Florida?

Accepted Answer

In Florida, when a tenant breaches the rental agreement and the landlord has obtained a writ of possession, or the tenant has surrendered or abandoned the home, the landlord may choose among four remedies, including doing nothing and holding the tenant liable for the rent as it comes due. The landlord may instead treat the rental agreement as ended and retake the home for the landlord’s own account, which ends the tenant’s further liability. The landlord may retake it for the tenant’s account and hold the tenant liable for the difference between the agreed rent and what re-renting brings in, and then has a duty to use good faith in trying to re-rent. The landlord may also charge liquidated damages or an early termination fee of no more than 2 months’ rent if the tenant accepted that remedy in a separate signed addendum when the rental agreement was made. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is Fla. Stat. § 83.595.

Question 4

What happens if a tenant breaks a lease in New York?

Accepted Answer

In New York, a landlord whose tenant moves out of a home in violation of the lease must, in good faith and according to the landlord’s resources and abilities, take reasonable and customary steps to rent it at fair market value or at the rent agreed in the lease, whichever is lower. Once a new tenant’s lease takes effect it ends the former tenant’s lease and reduces the damages the former tenant owes. The party seeking damages has the burden of proof, and a lease clause that exempts the landlord from this duty is void. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is N.Y. Real Prop. Law § 227-e.

Question 5

What happens if a tenant breaks a lease in Illinois?

Accepted Answer

In Illinois, a landlord or the landlord’s agent must take reasonable measures to mitigate the damages recoverable against a defaulting tenant. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is 735 ILCS 5/9-213.1.

Question 6

What happens if a tenant breaks a lease in Virginia?

Accepted Answer

In Virginia, a landlord whose tenant abandons the unit must mitigate damages, and a claim for rent runs only until the lease term ends or a new tenancy begins, whichever comes first. The rental agreement is treated as terminated by the landlord on the date the tenant abandons the unit. In a judgment for damages obtained after possession, the landlord may not seek accelerated rent through the end of the term. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is Va. Code §§ 55.1-1249, 55.1-1251.

Question 7

What happens if a tenant breaks a lease in Washington?

Accepted Answer

In Washington, a landlord who learns that a tenant has defaulted on rent and abandoned the unit must make a reasonable effort to mitigate the resulting damages. A month-to-month tenant owes rent for the 30 days after the landlord learns of the abandonment or after the next regular rent payment would have been due, whichever comes first. A tenant with a longer term owes the lesser of the entire rent for the rest of the term, or the rent accrued during the period reasonably necessary to re-rent at a fair rental plus the rent difference, the landlord’s actual re-renting costs, statutory court costs and reasonable attorneys’ fees. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is RCW 59.18.310.

Question 8

What happens if a tenant breaks a lease in Arizona?

Accepted Answer

In Arizona, if a tenant abandons the dwelling unit, the landlord must make reasonable efforts to rent it at a fair rental. If the landlord rents the unit for a term beginning before the rental agreement expires, the agreement is deemed terminated on the date the new tenancy begins. If the landlord fails to use reasonable efforts to rent the unit at a fair rental, or accepts the abandonment as a surrender, the agreement is deemed terminated on the date the landlord has notice of the abandonment. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is A.R.S. § 33-1370.

State	Landlord’s duty to re-rent	Source
Alabama	Required by statute	Ala. Code §§ 35-9A-423, 35-9A-105
Alaska	Required by statute	Alaska Stat. § 34.03.230
Arizona	Required by statute	A.R.S. § 33-1370
California	Recovery limited to unavoidable rent loss	Cal. Civ. Code §§ 1951.2, 1951.4
Connecticut	Required by statute	Conn. Gen. Stat. § 47a-11a
Delaware	Required by statute	25 Del. C. § 5507
District of Columbia	Required by statute	D.C. Code § 42-3505.52
Florida	Landlord may choose	Fla. Stat. § 83.595
Hawaii	Damages capped by statute	Haw. Rev. Stat. § 521-70
Illinois	Required by statute	735 ILCS 5/9-213.1
Iowa	Required by statute	Iowa Code § 562A.29(3)
Kansas	Required by statute	K.S.A. 58-2565
Kentucky	Required where the URLTA is adopted locally	KRS 383.670; KRS 383.500
Maine	Required by statute	14 M.R.S. § 6010-A
Maryland	Required by statute	Md. Code, Real Prop. § 8-207
Minnesota	Required by statute	Minn. Stat. § 504B.154
Montana	Required by statute	Mont. Code § 70-24-426
Nebraska	Required by statute	Neb. Rev. Stat. § 76-1432
Nevada	Required by statute	NRS 118.175
New Mexico	Required by statute	N.M. Stat. §§ 47-8-6, 47-8-34
New York	Required by statute	N.Y. Real Prop. Law § 227-e
North Dakota	Required by statute	N.D. Cent. Code §§ 47-16-13.5, 47-16-13.7
Oklahoma	Required by statute	41 O.S. § 129
Oregon	Required by statute	ORS 90.410
Rhode Island	Required by statute	R.I. Gen. Laws § 34-18-40
South Carolina	Required by statute	S.C. Code § 27-40-730
Tennessee	Required by statute	Tenn. Code §§ 66-28-507, 66-28-515, 66-28-102
Texas	Required by statute	Tex. Prop. Code § 91.006
Utah	Tenant’s liability capped by statute	Utah Code § 78B-6-816
Vermont	Tenant liable until the lease ends or the unit is re-rented	9 V.S.A. § 4462
Virginia	Required by statute	Va. Code §§ 55.1-1249, 55.1-1251
Washington	Required by statute	RCW 59.18.310
West Virginia	Landlord may choose	W. Va. Code §§ 37-6-6, 37-6-7
Wisconsin	Required by statute	Wis. Stat. § 704.29

What happens if a tenant breaks a lease?

Landlord’s duty to re-rent, state by state

The answer in full, for the biggest rental markets