How Long After Signing a Lease Can I Back Out?
Reviewed by Carina Jenkins, J.D.
Sometimes you just can't wait to sign a lease agreement on an apartment or rental home. Concerns about increasing rent or losing the unit to another tenant mean you don't always have much time to think before signing. Often, property managers are anxious to have you sign as well; they want someone to start paying rent for the space ASAP.
So you signed the lease a few days ago. But your dream apartment is now on the market, your employment circumstances changed or you’re otherwise having second thoughts about the place you picked. Can you back out of the lease?
Is It Too Late to Get Out of My Lease?
Unfortunately, no matter how recently you signed, there's no general right to back out of a lease. Some people mistakenly believe the law gives you three days to change your mind. A federal law, sometimes known as "the cooling-off law," does give people three days to cancel some contracts, but that law doesn't apply to real estate agreements or apartment leases.
Some states and municipalities have similar laws that may provide more consumer protection than federal law. However, they usually don't apply to apartment leases and other real estate contracts.
Although there's no general cooling-off period for an apartment, some circumstances might allow you to change your mind.
Local Laws or the Lease Contract
Occasionally, cities have laws that give extra legal rights to renters. You can check your local laws or speak to a lawyer to find out whether you may have the right to back out of a lease.
The terms of the lease agreement could also allow you to cancel the contract within a specific time frame. However, this isn't common.
The Landlord Agrees
Sometimes a landlord might agree to let you cancel your lease. A landlord may be more likely to do this if you recently signed a lease, haven't moved in and other people want to rent the property. If you won't be able to pay the rent or move in, finding another tenant is usually better for the landlord.
The Landlord Can't Comply With the Terms
Maybe your lease agreement was for a particular unit that isn't available after all. Or perhaps the deal was for a two-bedroom unit, but the landlord promised those units to too many people. If a landlord can't hold up their end of the bargain, you can probably cancel the agreement.
How to Get Out of a Lease
Regardless of how long ago you signed a lease or whether you're already living in a rental property, some situations let you end your lease early.
Military Service
Under The Servicemembers Civil Relief Act, you may terminate a lease if you enter active duty military service. You must give your landlord at least 30 days advance notice, and you may need to pay rent during that time.
Domestic Violence
Many states have laws granting victims of domestic violence the right to terminate a lease. These laws help victims remain safe and leave violent households.
Health and Safety Violations
If the conditions of an apartment building or house are so bad that tenants aren't safe, you may be able to stop paying rent and move out. Your rights can vary significantly based on your location and what's happening in your rental. Not every maintenance issue will legally justify breaking a lease.
The Landlord Harasses You or Violates Substantial Terms
State laws could allow you to move if your landlord is harassing you, violating your privacy or breaking important lease terms. These situations can be complicated, so you may wish to speak with a lawyer or legal aid group.
Other Circumstances
Your landlord may need to mitigate damages regardless of why you break your lease. Laws in Texas, Colorado and many other states require landlords to make reasonable attempts to find a replacement tenant if you need to move out early. Not every state has this requirement, so check local laws. You may be responsible for paying rent until your landlord finds someone new.
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How Do You Break a Lease Early?
The best way to break a lease will depend on your state and the reason for ending the lease. However, some common steps include:
- If there's a problem with the landlord or home, document the issue. Take photos and keep records of attempts to have the landlord fix the problem.
- Read local laws or speak to an attorney to fully understand your rights.
- Give your landlord written notice of your intent to terminate the rental agreement. Even if you're moving for a valid reason, such as military duty, notice is required. Having a written record can be useful, especially if you live in a state where the landlord has a duty to mitigate damages.
If your landlord agrees to let you out of a lease, get the agreement in writing to avoid future confusion or problems.
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