Breaking a lease early can be stressful – and potentially expensive. However, in certain situations, tenants may have legal options for terminating a residential lease without facing harsh financial penalties. Whether you’re relocating for work, dealing with unsafe living conditions, or navigating a major life change, it’s important to understand your rights and the legal remedies available to you.

A lease agreement is a legally binding contract, and moving out before the lease term ends may constitute a breach of your lease, regardless of the reason. Some lease agreements also contain provisions continuing your responsibility for future rent even after you’ve vacated, unless specific conditions are met.

Here are some of the most common legal grounds that may allow tenants to end a lease without penalty:

Uninhabitable Living Conditions

Landlords are legally required to keep rental units in a safe and livable condition. This is known as the warranty of habitability, which generally covers essential services like heat, hot water, electricity, plumbing and structural safety. If your landlord fails to provide or repair any of these essential services within a reasonable amount of time, you may have grounds to terminate your lease. Maryland, Washington, D.C., Virginia and New Jersey each recognize the warranty of habitability through statutes or caselaw.

In New Jersey, tenants may be entitled to withhold rent or terminate their lease in cases with severe habitability issues, subject to a legal proceeding known as a Marini hearing. (Marini v. Ireland,56 N.J. 130 (1970)).

In Virginia, landlords have 21 days from the date of the tenant’s initial notice to correct or repair material habitability issues before a tenant may legally terminate the lease. (Va. Code § 55.1-1244)

Constructive Eviction

If your landlord improperly enters your rental unit without proper notice and prevents your independent and exclusive use of the property, changes the locks to your unit without notice, or shuts off your utilities without proper notice, you may be entitled to terminate your lease based on constructive eviction. Both DC and VA have statutes which establish a tenant’s right against landlord retaliation and interference with a tenant’s occupancy and Maryland supports the theory through Court precedents.

Domestic Violence

In some states, tenants who are survivors of domestic violence can terminate a lease early without penalty, by providing proper legal documentation, such as a court order, final restraining order, or police report. In DC, MD, NJ and VA, tenants may terminate a lease with 30 days’ notice and proper documentation.

Military Duty

Under the Servicemembers Civil Relief Act (SCRA), active-duty military members can terminate a lease early without penalty if they receive deployment or reassignment orders. This provision of the SCRA applies in all 50 states.

Lease Terms & Conditions

If none of the above reasons apply to your situation, you may still be able to negotiate an early termination of your lease. Your lease may already include an early termination provision, which may require 30-60 days’ notice and a fee. Even if you move out of your rental unit prior to the lease’s end-term, you may not be responsible for all of the remaining rent owed if your landlord quickly finds a new tenant. Landlords are expected to make a reasonable effort to mitigate their damages if a tenant vacates early. Some landlords may accept an early termination if there is a replacement tenant who is ready, willing and able to take possession of your unit, and the landlord agrees. Your landlord may also be willing to negotiate a mutual termination.

Before you terminate your lease early, make sure to read through all provisions of your lease for notice of any early termination restrictions or fees and notice requirements.

Reach out to the attorneys at RKW Law Group to ensure your legal interests are protected.

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