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.

What the statute says when a residential tenant leaves before the lease ends, in 34 states. Select a state for its full answer.
StateLandlord’s duty to re-rentStatute
AlabamaRequired by statuteAla. Code §§ 35-9A-423, 35-9A-105
AlaskaRequired by statuteAlaska Stat. § 34.03.230
ArizonaRequired by statuteA.R.S. § 33-1370
CaliforniaRecovery limited to unavoidable rent lossCal. Civ. Code §§ 1951.2, 1951.4
ConnecticutRequired by statuteConn. Gen. Stat. § 47a-11a
DelawareRequired by statute25 Del. C. § 5507
District of ColumbiaRequired by statuteD.C. Code § 42-3505.52
FloridaLandlord may chooseFla. Stat. § 83.595
HawaiiDamages capped by statuteHaw. Rev. Stat. § 521-70
IllinoisRequired by statute735 ILCS 5/9-213.1
IowaRequired by statuteIowa Code § 562A.29(3)
KansasRequired by statuteK.S.A. 58-2565
KentuckyRequired where the URLTA is adopted locallyKRS 383.670; KRS 383.500
MaineRequired by statute14 M.R.S. § 6010-A
MarylandRequired by statuteMd. Code, Real Prop. § 8-207
MinnesotaRequired by statuteMinn. Stat. § 504B.154
MontanaRequired by statuteMont. Code § 70-24-426
NebraskaRequired by statuteNeb. Rev. Stat. § 76-1432
NevadaRequired by statuteNRS 118.175
New MexicoRequired by statuteN.M. Stat. §§ 47-8-6, 47-8-34
New YorkRequired by statuteN.Y. Real Prop. Law § 227-e
North DakotaRequired by statuteN.D. Cent. Code §§ 47-16-13.5, 47-16-13.7
OklahomaRequired by statute41 O.S. § 129
OregonRequired by statuteORS 90.410
Rhode IslandRequired by statuteR.I. Gen. Laws § 34-18-40
South CarolinaRequired by statuteS.C. Code § 27-40-730
TennesseeRequired by statuteTenn. Code §§ 66-28-507, 66-28-515, 66-28-102
TexasRequired by statuteTex. Prop. Code § 91.006
UtahTenant’s liability capped by statuteUtah Code § 78B-6-816
VermontTenant liable until the lease ends or the unit is re-rented9 V.S.A. § 4462
VirginiaRequired by statuteVa. Code §§ 55.1-1249, 55.1-1251
WashingtonRequired by statuteRCW 59.18.310
West VirginiaLandlord may chooseW. Va. Code §§ 37-6-6, 37-6-7
WisconsinRequired by statuteWis. 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

Sources

  1. Alabama: Ala. Code §§ 35-9A-423, 35-9A-105, Code of Alabama (Alabama Legislature)
  2. Alabama: Ala. Code §§ 35-9A-423, 35-9A-105, Code of Alabama (Alabama Legislature)
  3. Alaska: Alaska Stat. § 34.03.230, Alaska Statutes (Alaska Legislature)
  4. Arizona: A.R.S. § 33-1370, Arizona Revised Statutes (Arizona Legislature)
  5. California: Cal. Civ. Code §§ 1951.2, 1951.4, California Codes (California Legislative Information)
  6. California: Cal. Civ. Code §§ 1951.2, 1951.4, California Codes (California Legislative Information)
  7. Connecticut: Conn. Gen. Stat. § 47a-11a, Connecticut General Statutes (Connecticut General Assembly)
  8. Delaware: 25 Del. C. § 5507, Delaware Code (Delaware General Assembly)
  9. District of Columbia: D.C. Code § 42-3505.52, Code of the District of Columbia (DC Council)
  10. Florida: Fla. Stat. § 83.595, Florida Statutes (The Florida Senate)
  11. Hawaii: Haw. Rev. Stat. § 521-70, Hawaii Revised Statutes (Hawaii State Legislature)
  12. Illinois: 735 ILCS 5/9-213.1, Illinois Compiled Statutes (Illinois General Assembly)
  13. Iowa: Iowa Code § 562A.29(3), Iowa Code (Iowa Legislature)
  14. Kansas: K.S.A. 58-2565, Kansas Statutes (Kansas Revisor of Statutes)
  15. Kentucky: KRS 383.670; KRS 383.500, Kentucky Revised Statutes (Kentucky General Assembly)
  16. Kentucky: KRS 383.670; KRS 383.500, Kentucky Revised Statutes (Kentucky General Assembly)
  17. Maine: 14 M.R.S. § 6010-A, Maine Revised Statutes (Maine Legislature)
  18. Maryland: Md. Code, Real Prop. § 8-207, Maryland Code (Maryland General Assembly)
  19. Minnesota: Minn. Stat. § 504B.154, Minnesota Statutes (Office of the Revisor of Statutes)
  20. Montana: Mont. Code § 70-24-426, Montana Code Annotated (Montana Legislature)
  21. Nebraska: Neb. Rev. Stat. § 76-1432, Nebraska Revised Statutes (Nebraska Legislature)
  22. Nevada: NRS 118.175, Nevada Revised Statutes (Nevada Legislature)
  23. New Mexico: N.M. Stat. §§ 47-8-6, 47-8-34, Justia (unofficial copy of the code)
  24. New Mexico: N.M. Stat. §§ 47-8-6, 47-8-34, Justia (unofficial copy of the code)
  25. New York: N.Y. Real Prop. Law § 227-e, New York Consolidated Laws (New York State Senate)
  26. North Dakota: N.D. Cent. Code §§ 47-16-13.5, 47-16-13.7, North Dakota Century Code (North Dakota Legislative Branch)
  27. Oklahoma: 41 O.S. § 129, Oklahoma Statutes (Oklahoma State Courts Network)
  28. Oregon: ORS 90.410, Oregon Revised Statutes (Oregon State Legislature)
  29. Rhode Island: R.I. Gen. Laws § 34-18-40, Rhode Island General Laws (Rhode Island General Assembly)
  30. South Carolina: S.C. Code § 27-40-730, South Carolina Code of Laws (South Carolina Legislature)
  31. Tennessee: Tenn. Code §§ 66-28-507, 66-28-515, 66-28-102, Justia (unofficial copy of the code)
  32. Tennessee: Tenn. Code §§ 66-28-507, 66-28-515, 66-28-102, Justia (unofficial copy of the code)
  33. Tennessee: Tenn. Code §§ 66-28-507, 66-28-515, 66-28-102, Justia (unofficial copy of the code)
  34. Texas: Tex. Prop. Code § 91.006, Texas Statutes (Texas Legislature)
  35. Utah: Utah Code § 78B-6-816, Utah Code (Utah Legislature)
  36. Vermont: 9 V.S.A. § 4462, Vermont Statutes (Vermont General Assembly)
  37. Virginia: Va. Code §§ 55.1-1249, 55.1-1251, Code of Virginia (Virginia General Assembly)
  38. Virginia: Va. Code §§ 55.1-1249, 55.1-1251, Code of Virginia (Virginia General Assembly)
  39. Washington: RCW 59.18.310, Revised Code of Washington (Washington State Legislature)
  40. West Virginia: W. Va. Code §§ 37-6-6, 37-6-7, West Virginia Code (West Virginia Legislature)
  41. West Virginia: W. Va. Code §§ 37-6-6, 37-6-7, West Virginia Code (West Virginia Legislature)
  42. 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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