Breaking a Lease: State Laws
Looking for a specific statute? See landlord-tenant statutes explained.
- Breaking a lease in Delaware
Delaware lets a tenant end a lease early on 30 days' written notice for specific reasons listed in 25 Del. C. § 5314(b), including a job relocation of more than 30 miles, serious illness, military service, and domestic abuse.
- Breaking a lease in Massachusetts
Our Massachusetts guide to breaking a lease, with official sources.
- Breaking a lease in North Carolina
North Carolina law allows early termination by covered military personnel (G.S. 42-45) and by protected victims of domestic violence, sexual assault, or stalking (G.S. 42-45.1). Neither right can be waived in the lease.
- Breaking a lease in North Dakota
North Dakota lets victims of domestic violence end a lease by paying rent for the final month plus one additional month's rent, subject to the landlord's duty to mitigate (N.D.C.C. § 47-16-17.1).
- Breaking a lease in Texas
Texas law lets tenants end a lease early without liability for future rent after family violence (Prop. Code § 92.016) or certain military service events (§ 92.017), and requires landlords to mitigate damages when a tenant abandons a lease (§ 91.006).
- Breaking a lease in Virginia
Virginia law lets military personnel (Va. Code § 55.1-1235) and victims of family abuse, sexual assault, stalking, or trafficking (§ 55.1-1236) end a lease early with no liquidated damages, and preserves the landlord's duty to mitigate damages (§ 55.1-1251).
Frequently asked questions
Can I break my lease early without paying the rest of the rent?
It depends on your state and your reason. Several states let tenants end a lease early for qualifying military orders or domestic violence, for example Texas (Prop. Code §§ 92.016-92.017), North Carolina (G.S. 42-45, 42-45.1), and Virginia (Va. Code §§ 55.1-1235, 55.1-1236). Otherwise, your lease terms usually control.
Does my landlord have to try to re-rent the unit?
In some states a statute says so. Texas Prop. Code § 91.006 gives landlords a duty to mitigate damages when a tenant abandons a lease, and Virginia § 55.1-1251 preserves the landlord's duty to mitigate actual damages.
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No spam. Informational tool, not legal advice; FlagMyLease is not a law firm.