Can I get out of a lease I signed but haven't moved into?
Your Options Before Moving In
Once you sign a lease, it's a binding contract even if you never move in. To get out, you can ask your landlord to cancel the lease (get it in writing), find a replacement tenant acceptable to the landlord, or sublet if allowed. If none of these work, you may be responsible for rent until the lease term ends or the unit is re-rented.
Some leases include an early termination clause that lets you pay a fee (often one to two months' rent) to break the lease. Check your lease for this. If there's no clause, your landlord may still negotiate, especially if you haven't taken possession and they can re-rent quickly.
Legal Protections and Limitations
A few states have specific laws for this situation. For example, some allow a cooling-off period if you signed the lease at a location other than the rental property. Military service members may have protections under the Servicemembers Civil Relief Act. Otherwise, you're generally on the hook for the rent.
If the landlord fails to mitigate damages (try to re-rent the unit), you might not owe the full remaining rent. Most states require landlords to make reasonable efforts to find a new tenant. Document your attempts to help re-rent, like advertising the unit.
Common mistakes
- Assuming you can cancel without penalty just because you haven't moved in yet.
- Not checking your lease for an early termination clause or cancellation fee.
- Believing that finding a replacement tenant automatically releases you from all obligations without the landlord's approval.
