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Can You Get Sued for Breaking a Lease?

Breaking a lease will likely have consequences, but the extent of consequences depends largely on your landlord. Because ending a lease early is breach of contract, this move can negatively affect your credit history and you could get sued. Be responsible if you need to break a lease and speak with your landlord about alternatives.

Early Termination Clause

    A landlord will not sue for breach of contract if your lease agreement includes a clause that permits tenants to leave the house or apartment early for specific circumstances. Read your agreement and look for an early termination clause. If it's included in your lease agreement, your landlord may grant early termination without consequence if you lose your job, relocate, divorce or experience a serious illness.

Lease Buy Out Clause

    Another way to avoid being sued for breaking a lease is to read your agreement and see if your landlord included a clause that lets you buy out the lease agreement early. This buyout clause may require paying the remaining lease balance in full before vacating the property or paying a percentage of the remaining balanced owed. These funds compensate for lost rent payments until your landlord finds new tenants for the house or apartment.

Consequences of Breaking Lease

    If your landlord does not include either clause in the lease agreement, breaking a lease can result in a lawsuit. Your landlord may attempt to collect on the debt himself or hire a collection agency to collect the money. If these efforts prove unsuccessful, your landlord can file a lawsuit and sue you for the remaining lease balance. A judge reviewing the case will examine the lease agreement and hear both sides of the story. If you are found guilty, the judge may order you to pay the lease balance and place a judgment on your credit report until you satisfy the debt.

Negotiating Early Termination

    Negotiating early termination with your landlord first is key to avoiding a lawsuit and a negative credit rating. Handle this situation maturely and schedule a face-to-face meeting with your landlord to discuss your impending situation. Offer suggestions such as staying until a new tenant moves in or forgoing your security deposit in order to vacate early. Sublet the house or apartment yourself, or if you have the cash, pay off the lease.


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