Breaking a lease means moving out before a fixed term ends without a legal reason to do so. The tenant usually stays responsible for the rent, but often far less than the full balance, because many states require the landlord to make reasonable efforts to re-rent the unit. That duty to mitigate means the tenant owes rent only until a new tenant moves in, plus reasonable costs of finding one.
In our data, 26 jurisdictions impose that duty by statute. In 6 others the statute is silent or lets the landlord choose, although courts in some of them still expect landlords to try to re-rent. Separately, certain tenants can end a lease early without penalty. Federal law protects servicemembers who enter active duty or receive qualifying orders, and many states add protections for domestic violence survivors, tenants whose unit becomes unlivable, and people entering senior or medical care.
The table shows whether each state requires the landlord to mitigate, linked to the statute, with notes where courts fill the gap. Before you leave, give written notice, offer to help find a replacement, and read your lease’s early-termination clause.
Key patterns across the states
- 26 of 51 jurisdictions require the landlord to try to re-rent by statute.
- 2 jurisdictions confirmed no statutory duty, and 4 have no statute on point (see the notes).
- The federal Servicemembers Civil Relief Act lets qualifying servicemembers end a residential lease in every state.
- Not yet verified, so left out of these counts: mitigation duty: 19.
Breaking a lease: landlord duty to re-rent by state
| State | Landlord must try to re-rent? | Rule | Statute |
|---|---|---|---|
| Alabama | Yes | If the tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rental, but may rent other vacant units first. | Ala. Code § 35-9A-423(c) |
| Alaska | Yes | If the tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at fair rental value; failing that, the lease is treated as terminated on the date the landlord learned of the abandonment. | AS 34.03.230(c) |
| Arizona | Yes | If the tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rental. | A.R.S. § 33-1370(C) |
| Arkansas | — | — | — |
| California | Not yet verified — see statute (Cal. Civ. Code §§ 1951.2, 1951.4) | Not yet verified — see statute (Cal. Civ. Code §§ 1951.2, 1951.4) | — |
| Colorado | Not yet verified — see statute (C.R.S. tit. 38, art. 12 (no provision)) | Not yet verified — see statute (C.R.S. tit. 38, art. 12 (no provision)) | — |
| Connecticut | Yes | If the tenant abandons, the landlord must make reasonable efforts to re-rent at a fair rental; if not, the lease is deemed terminated as of the date the landlord knew of the abandonment. | Conn. Gen. Stat. § 47a-11a |
| Delaware | Yes | If a tenant abandons, the landlord has a duty to mitigate damages; the tenant owes the lesser of rent for the remaining term (plus damage) or the rent accrued until a reasonable re-rental plus re-renting costs. | 25 Del. C. § 5507(d) |
| District of Columbia | Yes | A landlord's damages when a tenant leaves early are subject to a duty to mitigate. | D.C. Code § 42-3505.52 |
| Florida | No | Not generally. If a tenant breaches and leaves, the landlord may treat the lease as ended, stand by and collect rent as it comes due, or retake possession for the tenant's account; only in that last option must the landlord try in good faith to re-rent. | Fla. Stat. § 83.595 |
| Georgia | No | No. If a tenant abandons or leaves early without permission, the landlord need not re-rent and may hold the tenant liable for rent through the end of the lease unless it accepts the surrender. | No statute (common law) |
| Hawaii | No statutory duty | If a tenant wrongfully quits, the landlord recovers the lesser of the remaining rent or rent for the period reasonably needed to re-rent at fair rent plus a commission and any shortfall, whether or not it actually re-rents. The statute does not expressly require re-renting efforts. | Haw. Rev. Stat. § 521-70(d) |
| Idaho | — | — | — |
| Illinois | Yes | A landlord must take reasonable measures to mitigate damages against a tenant who defaults, such as by trying to re-rent. | 735 ILCS 5/9-213.1 |
| Indiana | — | — | — |
| Iowa | Yes | If a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rental. | Iowa Code § 562A.29(3) |
| Kansas | Yes | If a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rental. | K.S.A. 58-2565(c) |
| Kentucky | Yes | In URLTA localities, if a tenant abandons the unit the landlord must make reasonable efforts to re-rent it at a fair rental. | KRS 383.670(3) |
| Louisiana | Not yet verified — see statute (La. Civ. Code art. 2002) | Not yet verified — see statute (La. Civ. Code art. 2002) | — |
| Maine | Yes | Recovery against a tenant who leaves early is reduced by the net rent obtainable by reasonable efforts to re-rent. | 14 M.R.S. § 6010-A |
| Maryland | Yes | If a tenant leaves before the end of the term, the landlord has a duty to mitigate damages, though not to show the unit ahead of other vacancies. Cannot be waived. | Md. Code, Real Prop. § 8-207 |
| Massachusetts | — | — | — |
| Michigan | Yes | A lease may not release a party from the duty to mitigate damages. | MCL 554.633(1)(k) |
| Minnesota | — | — | — |
| Mississippi | — | — | — |
| Missouri | — | — | — |
| Montana | Yes | If the tenant abandons the unit, the landlord must make reasonable efforts to rent it at a fair rental. | Mont. Code Ann. § 70-24-426(3) |
| Nebraska | Yes | If the tenant abandons the unit, the landlord must make reasonable efforts to rent it at a fair rental. | Neb. Rev. Stat. § 76-1432(3) |
| Nevada | — | — | — |
| New Hampshire | — | — | — |
| New Jersey | No statutory duty | No statute, but New Jersey courts require landlords to make reasonable efforts to re-rent (Sommer v. Kridel, 74 N.J. 446 (1977)). | Sommer v. Kridel, 74 N.J. 446 (1977) |
| New Mexico | Yes | A landlord must mitigate damages when a tenant leaves early. | N.M. Stat. § 47-8-6(A) |
| New York | Yes | If a tenant leaves before the lease ends, the landlord must take reasonable and customary actions to re-rent at fair market value; a lease cannot waive this. | N.Y. Real Prop. Law § 227-e |
| North Carolina | — | — | — |
| North Dakota | Yes | The landlord has a duty to mitigate damages, including when a tenant is evicted and remains liable for rent for the rest of the term. | N.D. Cent. Code §§ 47-16-13.5, 47-16-13.7 |
| Ohio | — | — | — |
| Oklahoma | Yes | If a tenant abandons, the landlord must make reasonable efforts to re-rent; the Act also imposes a general duty to mitigate on any aggrieved party. | 41 O.S. §§ 105(A), 129(B) |
| Oregon | Yes | If the tenant abandons, the landlord must make reasonable efforts to re-rent at a fair rental. | ORS 90.410(3) |
| Pennsylvania | — | — | — |
| Rhode Island | Yes | If the tenant abandons, the landlord sends a certified letter; if no reply within 7 days, the landlord must make reasonable efforts to re-rent at a fair rental. | R.I. Gen. Laws § 34-18-40 |
| South Carolina | Yes | If the tenant abandons, the landlord must make reasonable efforts to re-rent at a fair rental. | S.C. Code § 27-40-730(c) |
| South Dakota | — | — | — |
| Tennessee | Not yet verified — see statute (Tenn. Code Ann. § 66-28-507(c)) | Not yet verified — see statute (Tenn. Code Ann. § 66-28-507(c)) | — |
| Texas | Yes | Landlord has a duty to mitigate damages if a tenant abandons in violation of the lease; a lease clause waiving the duty is void. | Tex. Prop. Code § 91.006 |
| Utah | — | — | — |
| Vermont | No statutory duty | No statutory duty. The statute says an abandoning tenant stays liable for rent until the lease expires, unless the landlord re-rents sooner. | 9 V.S.A. § 4462(b) |
| Virginia | Yes | The landlord has a duty to mitigate actual damages when a tenant breaches; accelerated rent through the end of the term may not be sought. | Va. Code § 55.1-1251 |
| Washington | Yes | If a tenant abandons, the landlord must make a reasonable effort to re-rent; the tenant owes the lesser of remaining rent or rent for a reasonable reletting period plus costs. | RCW 59.18.310 |
| West Virginia | No statutory duty | No statutory duty; the statute lets a landlord choose to re-let and hold the tenant liable for the difference. | W. Va. Code § 37-6-7 |
| Wisconsin | Yes | Recovery against a tenant who leaves early is reduced by the net rent obtainable through reasonable efforts to re-rent. | Wis. Stat. § 704.29(2) |
| Wyoming | — | — | — |
Servicemembers: the federal right to end a lease
The Servicemembers Civil Relief Act (50 U.S.C. § 3955) lets a servicemember end a residential lease without penalty after entering military service, or when ordered to a permanent change of station or a deployment of 90 days or more. The servicemember gives the landlord written notice with a copy of the orders. For a lease with monthly rent, the termination takes effect 30 days after the next rent due date following the notice. The right applies in every state.
How we compiled this
We checked every rule on this page against the statute itself in November 2026, reading each state’s own code site or an official state guide such as an attorney general’s tenant handbook. A cell shows a rule only when we confirmed it against one of those primary sources. Where we could not confirm a rule, the cell says “Not yet verified” and links the statute so you can read it yourself. Simplified table entries leave out exceptions, so read the linked statute before you rely on a number.
Laws change. Legislatures amend these sections often, and cities and counties can add their own rules on top of state law. Confirm the current text of the statute, or ask a local legal aid office, before you act on a deadline.
Frequently Asked Questions
Do I owe rent for the rest of the lease if I break it?
Not always. In the 26 jurisdictions with a statutory mitigation duty, the landlord must try to re-rent, and you generally owe only until a new tenant starts, plus reasonable re-rental costs.
Can I break my lease for military service?
Yes. The Servicemembers Civil Relief Act (50 U.S.C. § 3955) lets qualifying servicemembers end a lease with written notice and a copy of their orders.
Can I break my lease if the unit is unsafe?
Many states let a tenant end a lease when the landlord fails to fix serious habitability problems after notice. See repair laws by state.
Will breaking my lease hurt my credit?
Breaking a lease does not show up on its own, but an unpaid balance sent to collections or a court judgment can. Get any agreement with the landlord in writing.
How can I lower what I owe?
Give as much written notice as possible, help find a qualified replacement, leave the unit clean, and document its condition. Our break lease cost calculator estimates what you might owe.
Related guides and tools
This page is general information, not legal advice. For advice about your situation, talk to a licensed attorney or a local legal aid office. See our disclaimer.