Breaking a Lease

A lease is a binding contract between a landlord and a tenant that typically lasts for a set period. Breaking a lease means ending that lease before its agreed-upon termination date.

Can I End My Lease Early?

Tenants sometimes want or need to end their lease early. Whether you can do so depends on your lease agreement and Maryland law. Some written leases include a cancellation or early termination clause. These clauses outline specific steps tenants can take to end the lease early. For example, your lease might allow you to end a lease early if you:

• Pay the equivalent of two months' rent before moving out, and
• Provide 60 days’ written notice of your move-out date.

If your lease includes such a provision and you follow its terms, the lease can be terminated without penalty.

What If My Lease Does Not Have a Termination Clause?

If your lease does not have a cancellation clause, Maryland law only permits early termination in limited circumstances, including:

• Change in military service
  • If the person who entered into the lease, or the person’s spouse are a member of the U.S. miliary, and they receive a “change of assignment” you can end your lease early. A change of assignment includes:
    1. Permanent change of station orders;
    2. Temporary duty orders for a period exceeding 90 days;
    3. Orders requiring a person to move into quarters located on a military installation; and
    4. A release from active duty, including:
       • Retirement;
       • Separation or discharge under honorable conditions; and
       • Demobilization of an activated reservist or a member of the National Guard who was serving on active duty orders for at least 180 consecutive days.
  • The tenant may still be responsible for any rent currently due, plus 30 days' rent, including the cost of repairing damage to the premises caused by an act or omission of the tenant,  after written notice and proof of the change of assignment is given to the landlord. 
  • Read the law: Md. Code, Real Property § 8-212.1

• Certain medical conditions or mental disorders
  • A tenant can end a lease if they provide a written certification from a physician or psychologist that indicates the tenant can no longer live in the leased premises because of a condition that:
    1. Substantially restricts the physical mobility of the patient within, or from entering and exiting, the leased premises;
    2. Requires the patient to move to a home, facility, or institution to obtain a higher level of care than can be provided at the leased premises; or
    3. Causes the continued habitation of the leased premises to be unfeasible or unsustainable for the patient; or
    4. Requires the patient to move to a home, facility, or institution to obtain a higher level of care than can be provided at the leased premises.
  • The tenant must also provide written notice of the termination of the lease that indicates the date by which the tenant will vacate the leased premises.
  • Read the law: Md. Code, Real Property § 8-212.2

• Victim of Domestic Violence or Sexual Assault
  • A tenant can end a lease if the tenant is a victim of abuse and provides written notice to vacate, giving themselves 30 days from the date of notice to vacate the leased premises.  
  • The tenant is responsible for rent starting from the date of notice to 30 days or until they actually vacate, whichever occurs first.
  • If a tenant leaves before 30 days after notice, the tenant must send written notice to the landlord by hand delivery or via first–class mail (a notarized, signed written notice) stating they have vacated.  Upon receiving this notice, the landlord must inspect the premises. 
    1. If the tenant has already vacated, the landlord must give the tenant written confirmation of the vacancy, including details of any rent owed or rent overpayment to be refunded.  
    2. To determine rent owed, the tenant is considered vacated on the mailed notice’s postmarked date or on the hand delivery date.  However, if the tenant vacates earlier than 30 days without notice, the tenant will be responsible for the maximum rent.     
  • If a tenant doesn't vacate within the 30 days’ written notice, the landlord can use legal remedies or consider the notice rescinded and enforce original lease terms against the tenant.
  • Read the law: Md. Code, Real Property §8–5A–02, §8–5A–03 and §8–402

• Breach of the Covenant of Quiet Enjoyment
  • When the landlord fails to correct a disturbance, and the disturbance seriously interferes with the tenant's use and enjoyment of the leased premises, the tenant is justified in abandoning the premises. A tenant who leaves under these conditions will have no further obligation to pay rent. In the eyes of the law, the landlord has breached the covenant of quiet enjoyment and has "constructively evicted" the tenant.
  • Read the Law: Md. Code, Real Property §2–115 and §8–204
  • Read more about Quiet Enjoyment and Constructive Eviction

If your situation doesn't meet one of these legal exceptions, you may be able to negotiate an early termination agreement with your landlord. If not, you are generally responsible for rent until the lease ends or until the landlord is able to rent the unit to another tenant, whichever comes first.

Read the Law:  Md. Code, Real Property §8–207

Q -“I signed a lease in the morning.  That afternoon, I asked that the lease be canceled.  The landlord refused.  Doesn’t the law give me time to change my mind?”

A - No.  The law does not give you time to change your mind.  Maryland law allows for a three-day contract cancellation period for contracts related to door-to-door salespeople, health club memberships and certain credit transactions.

Read the Law: Md. Code, Commercial Law, §14–302, §14–12B–06 

Q - “The landlord and I signed the lease, but I haven’t moved in yet.  The landlord has found someone who is willing to pay more rent and has told me I can get my money back, but I cannot move in.  Can the landlord do this to me?”

A - No.  The landlord would be breaking their promise to you as made in the lease.  If the landlord refuses to let you move into the property, you could sue for a breach of the covenant of quiet enjoyment and obtain damages, including the difference between what you must pay in rent at another location and what you would have paid in rent under the broken lease.

Read more about Quiet Enjoyment and Constructive Eviction

Read the Law: MD Code, Real Property §2–115 and §8–204

Q -“Can I break the lease if management doesn’t properly maintain the property?”

A - The answer is that it depends.  If the property is so poorly maintained that it is no longer tenable to live there, a tenant may be able to have a judge void the lease through the Rent Escrow Law (and in Baltimore City, under the Warranty of Habitability).  In addition, if a tenant vacates a property because of the severity of the conditions, the tenant may be able to sue the landlord for constructive eviction and have the court void the lease. The court may also award the tenant money damages.  

The remedies of Rent Escrow, Warranty of Habitability and Constructive Eviction are complicated, and it is advisable to seek assistance before trying to use them in court.  Maryland Legal Aid (for income-eligible clients), Maryland Volunteer Lawyers Service (for income-eligible  clients), or a private attorney, may be able to provide you with more detailed information tailored to your situation. 

Normally, if the landlord is not maintaining the property, you would file a complaint with the local housing inspector and send a letter by certified mail to the landlord noting the items you want repaired.  If a housing inspector issues a violation notice, and the landlord does not fix the issue within a reasonable time, you may be able to go to court.  If the repairs needed are substantial, you can file a rent escrow case, asking the court to let you pay the rent money into a court escrow account (not directly to the landlord) until the repairs are finished.  In Baltimore City, you may also be able to file a warranty of habitability case.  The court can even order that the rent be reduced for the period that the landlord failed to make repairs

Q -“I am continually disturbed by noisy tenants, and the landlord refuses to remedy the situation.  Would this be considered grounds for me to break the lease?” 
 

A - It may be grounds to break the lease if you have:

• given your landlord notice of the problem, 
• provided your landlord an opportunity to remedy the problem, and
• the problem continues.  

In all Maryland leases, the landlord has made an agreement to make sure that their rental property is a safe and quiet place to live.  This is called the covenant of quiet enjoyment. If other tenants are disturbing you by their noise, you should contact your landlord in writing about the situation specifying when the tenants have disturbed you and the nature of the disturbances.  Then, you must give the landlord a reasonable time to remedy the situation.  If the landlord contacts the tenants about the noise, but the tenants do not voluntarily stop disturbing you, the landlord may be obligated to send the tenants a notice to vacate for breach of the lease.  If the tenants do not vacate and do not stop disturbing you, the landlord would then have to take the tenants to court for breach of the lease.  This process could take several months.  You must give the landlord at least that much time to remedy the situation.  

If, after a reasonable time has passed, the landlord has not moved to have the tenants vacate, you may file an action in District Court for the landlord’s failure to assure quiet enjoyment of the premises.  You can then decide to stay in the property and get money damages or ask the court to end the lease and award damages to cover moving expenses.  Obviously, the outcome of the case will depend upon your ability to prove the situation.  This is certainly a less risky procedure than moving and then arguing constructive eviction either in a suit you bring against the landlord or as a defense against the landlord’s suit for lost rent.  However, if you find it impossible to continue your tenancy because of conditions in the property or because of a breach of your quiet enjoyment, you may move and argue that you were constructively evicted.

Learn more about quiet enjoyment.

Q -“I have been transferred some distance away and it takes too long to commute.  Does the law allow me to break the lease?”

 
A - You are still bound by the lease unless your lease provides for early termination due to job relocation.  Some leases have a specific section which addresses this issue, but many do not.  For example, some leases will allow for termination of the lease if you change jobs to a location more than fifty miles away.

Q -“I am in the military and have been stationed in another part of the country.  May I break my lease?
 

A - Maryland law does allow a person on active military duty who has received a temporary duty order for a period of more than three months, or an order for permanent change of station, to end a lease by providing written notice and proof of assignment.  The tenant who provides the proper notice will be responsible for no more than 30 days' rent and the cost of repairing any damage to the premises caused by the tenant.  

Read the law: Md. Code, Real Property § 8-212.1

Q -“I am buying a house.  Can I break the lease?” 

A - Because, most likely, you cannot make the ending of the lease coincide with the purchase of a house you may still be obligated for lost rent.  Unless you reach an agreement with your landlord or there is a cancellation section in your lease, you will be responsible for the rent that is due for the remainder of the lease.  However, the landlord must try in good faith to rent the property to someone else after you leave, to reduce the amount of rent money the landlord loses.  

If the landlord rents the property after you leave and before your lease ends, you will be responsible for the rent up until the time of new rental. You may also be responsible for any costs the landlord sustained in having to rent the property again.  For example, you may be responsible for the cost of advertising the unit is available to rent.  In addition, if the new tenants do not pay their rent during the time left in your original lease, you may also be responsible for this lost rent.

Q -“I need to break my lease in order to find a cheaper apartment.  I have lost my job and simply cannot afford to stay in the apartment.  What will happen?” 

A - You may have trouble obtaining another apartment if your new landlord checks with your current landlord.  Since your landlord can hold you responsible for payments due under the lease until they find a new tenant, a prospective landlord may question whether you can afford to pay both the old rent and the new.  Even if you find a new rental, the original landlord can sue you for lost rent, as well as the costs of finding a new tenant.  Furthermore, a judgment against you may be reported to a credit agency.  If you are working, or when you get a job, the landlord who has a judgment against you may be able to garnish your wages.  However, if you can no longer afford to pay the rent, you can try to negotiate a cancellation of the lease agreement with your landlord.

Q - “What is the responsibility of the landlord when a tenant breaks a lease?” 

A - The landlord must make a reasonable effort to mitigate damages by trying to rent the apartment as soon as possible.  The landlord cannot  hide the fact that your apartment is now available, but the landlord doesn’t have to put your apartment ahead of other vacancies. The landlord has a duty to mitigate the damages if the damages result from the landlord's or tenant's:

1. Failure to supply possession of the leased premises; or
2. Failure or refusal to take possession at the beginning of the lease term; or
3. Termination of occupancy before the end of the term.

A landlord is not required to show or lease a prematurely vacated dwelling unit in preference to other units the landlord is offering.

Read the law: Md. Code Real Property § 8–207

Q -“May the landlord refuse to allow me to sublet the property?”  

A - A landlord does not have to allow subletting to anyone who is not qualified, but in general, a landlord cannot arbitrarily refuse to allow subletting or leasing to another qualified tenant.  If the landlord did this, the landlord would not be mitigating damages.

Q - “What if I become ill and have to move to a nursing home or relative’s house?”

A - If you give your landlord the required doctor's certification and notice of termination before you leave the property, the landlord cannot charge you for more than two months' rent after the date you leave.  This provision does not apply if your contract already allows you to terminate the lease with written notice of one month or less, and limits your liability to two months' rent or less after the date you leave.

Read the law: Md. Code, Real Property § 8-212.2

Q -“What if the landlord sells the property during the term of my lease?”

A - The new owner takes over all the rights and responsibilities of the former owner under the lease agreement. Your lease is still valid.

Read the law: Md. Code, Real Property § 8–101

Q -“What happens if a tenant or landlord dies?”  

A - Unless the lease provides otherwise, the death of a tenant or landlord does not terminate the lease and does not terminate the responsibilities under the lease.  Thus, the landlord’s successor continues as landlord and a tenant’s estate becomes responsible for lost rent if the tenant’s heirs end the lease.

Additional Resources:

Check the local housing laws in your county or Baltimore City for more information.