Breaking a Lease by State: What the Tenant Owes
What a tenant owes after leaving a lease early, and the 34 states whose statutes say whether the landlord must try to re-rent the home.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: A tenant who leaves before a lease ends can owe rent for the rest of the term, but in 28 of the 34 states whose statutes address it, the landlord must make reasonable efforts to re-rent the home, and the tenant owes only for the time it sits empty. Florida and West Virginia give the landlord a choice of remedies. Federal law separately lets a servicemember end a lease after qualifying military orders.
Key takeaways
- Leaving early does not end the duty to pay rent by itself.
- 28 states covered here require the landlord, by statute, to try to re-rent the home.
- Once a new tenant starts paying, the former tenant’s rent debt stops growing.
- The security deposit deadline still applies after a broken lease.
What does a tenant owe after breaking a lease?
A lease is a promise to pay rent for the whole term, so a tenant who moves out early can still owe rent for the months that remain. How much depends on what the state requires of the landlord. Where a statute imposes a duty to mitigate, the landlord must make reasonable efforts to re-rent the home, and the tenant’s debt stops growing once a new tenant starts paying.
Which states require a landlord to re-rent?
28 of the 34 states whose statutes address the question require the landlord to make reasonable efforts to re-rent. In Florida and West Virginia, the statute gives the landlord a choice of remedies instead. States that settle the question only through court decisions are not listed here.
| State | Landlord’s duty to re-rent | Statute |
|---|---|---|
| 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 |
When can a tenant end a lease early without owing the rest?
- Military orders. Federal law lets a servicemember end a residential lease after receiving qualifying orders; see SCRA lease termination.
- A right written into the lease, such as an early-termination clause with a stated fee.
- A right a state statute gives for a specific situation. These differ by state, so check the state’s own answer page.
- An agreement with the landlord to end the lease, put in writing.
How should a landlord handle a broken lease?
- Record the date the tenant gave up the unit and the date the keys came back.
- Where the statute requires it, advertise the unit promptly at a fair rent and keep a record of every step.
- Charge the former tenant only for the time the unit sat empty and for costs the lease and the statute allow.
- Return the security deposit, or an itemized statement, by the state’s deadline. Breaking a lease does not cancel the deposit rules.
Frequently asked questions
Do I have to pay rent after breaking a lease?
Usually for the time the home sits empty, up to the end of the lease. Where a statute requires the landlord to mitigate, the landlord must make reasonable efforts to re-rent, and the debt stops once a new tenant starts paying.
Does a landlord have to try to re-rent?
By statute in 28 of the states covered in this guide. Other states leave the question to court decisions, which this guide does not list.
Can a servicemember break a lease?
Yes. Federal law lets a servicemember end a residential lease after receiving qualifying military orders, in every state.
State-by-state rules
- What happens if a tenant breaks a lease? — compared across 33 states and the District of Columbia
Sources
- Alabama: Ala. Code §§ 35-9A-423, 35-9A-105, Code of Alabama (Alabama Legislature)
- Alabama: Ala. Code §§ 35-9A-423, 35-9A-105, Code of Alabama (Alabama Legislature)
- Alaska: Alaska Stat. § 34.03.230, Alaska Statutes (Alaska Legislature)
- Arizona: A.R.S. § 33-1370, Arizona Revised Statutes (Arizona Legislature)
- California: Cal. Civ. Code §§ 1951.2, 1951.4, California Codes (California Legislative Information)
- California: Cal. Civ. Code §§ 1951.2, 1951.4, California Codes (California Legislative Information)
- Connecticut: Conn. Gen. Stat. § 47a-11a, Connecticut General Statutes (Connecticut General Assembly)
- Delaware: 25 Del. C. § 5507, Delaware Code (Delaware General Assembly)
- District of Columbia: D.C. Code § 42-3505.52, Code of the District of Columbia (DC Council)
- Florida: Fla. Stat. § 83.595, Florida Statutes (The Florida Senate)
- Hawaii: Haw. Rev. Stat. § 521-70, Hawaii Revised Statutes (Hawaii State Legislature)
- Illinois: 735 ILCS 5/9-213.1, Illinois Compiled Statutes (Illinois General Assembly)
- Iowa: Iowa Code § 562A.29(3), Iowa Code (Iowa Legislature)
- Kansas: K.S.A. 58-2565, Kansas Statutes (Kansas Revisor of Statutes)
- Kentucky: KRS 383.670; KRS 383.500, Kentucky Revised Statutes (Kentucky General Assembly)
- Kentucky: KRS 383.670; KRS 383.500, Kentucky Revised Statutes (Kentucky General Assembly)
- Maine: 14 M.R.S. § 6010-A, Maine Revised Statutes (Maine Legislature)
- Maryland: Md. Code, Real Prop. § 8-207, Maryland Code (Maryland General Assembly)
- Minnesota: Minn. Stat. § 504B.154, Minnesota Statutes (Office of the Revisor of Statutes)
- Montana: Mont. Code § 70-24-426, Montana Code Annotated (Montana Legislature)
- Nebraska: Neb. Rev. Stat. § 76-1432, Nebraska Revised Statutes (Nebraska Legislature)
- Nevada: NRS 118.175, Nevada Revised Statutes (Nevada Legislature)
- New Mexico: N.M. Stat. §§ 47-8-6, 47-8-34, Justia (unofficial copy of the code)
- New Mexico: N.M. Stat. §§ 47-8-6, 47-8-34, Justia (unofficial copy of the code)
- New York: N.Y. Real Prop. Law § 227-e, New York Consolidated Laws (New York State Senate)
- North Dakota: N.D. Cent. Code §§ 47-16-13.5, 47-16-13.7, North Dakota Century Code (North Dakota Legislative Branch)
- Oklahoma: 41 O.S. § 129, Oklahoma Statutes (Oklahoma State Courts Network)
- Oregon: ORS 90.410, Oregon Revised Statutes (Oregon State Legislature)
- Rhode Island: R.I. Gen. Laws § 34-18-40, Rhode Island General Laws (Rhode Island General Assembly)
- South Carolina: S.C. Code § 27-40-730, South Carolina Code of Laws (South Carolina Legislature)
- Tennessee: Tenn. Code §§ 66-28-507, 66-28-515, 66-28-102, Justia (unofficial copy of the code)
- Tennessee: Tenn. Code §§ 66-28-507, 66-28-515, 66-28-102, Justia (unofficial copy of the code)
- Tennessee: Tenn. Code §§ 66-28-507, 66-28-515, 66-28-102, Justia (unofficial copy of the code)
- Texas: Tex. Prop. Code § 91.006, Texas Statutes (Texas Legislature)
- Utah: Utah Code § 78B-6-816, Utah Code (Utah Legislature)
- Vermont: 9 V.S.A. § 4462, Vermont Statutes (Vermont General Assembly)
- Virginia: Va. Code §§ 55.1-1249, 55.1-1251, Code of Virginia (Virginia General Assembly)
- Virginia: Va. Code §§ 55.1-1249, 55.1-1251, Code of Virginia (Virginia General Assembly)
- Washington: RCW 59.18.310, Revised Code of Washington (Washington State Legislature)
- West Virginia: W. Va. Code §§ 37-6-6, 37-6-7, West Virginia Code (West Virginia Legislature)
- West Virginia: W. Va. Code §§ 37-6-6, 37-6-7, West Virginia Code (West Virginia Legislature)
- Wisconsin: Wis. Stat. § 704.29, Wisconsin Statutes (Wisconsin State Legislature)
How Seayora helps
Lease renewals: Seayora keeps each lease’s term, rent and end date in one record, so what is owed after an early move-out is worked out from the dates on file.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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