Early Termination Fee Calculator
Find out exactly how much it will cost to break your lease - what your landlord can legally charge, what you might actually pay in the best and worst case, and how to reduce your liability. Free and instant, with the landlord's re-renting rule for the 15 states and D.C. our research covers.
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How to Reduce Your Termination Fee
- Find a replacement tenant yourself - this is the single most effective way to reduce or eliminate your fee. Advertise on Zillow, Craigslist, and Facebook Marketplace with your landlord's permission.
- Give maximum written notice immediately - the sooner you tell your landlord, the sooner they start re-renting. Send notice via certified mail and email today.
- Negotiate directly with your landlord - you can offer a lump-sum settlement for less than the lease says. Offer a clean unit, good references, and prompt payment.
- Document any habitability issues - if your unit has serious unresolved problems, this may qualify you for penalty-free termination in some states, including California, Florida and Ohio.
- Track when the unit gets re-rented - monitor listing sites after you move out. Once a new tenant pays rent, the landlord generally cannot also collect rent for the same period from you. If landlord re-rents fast, push back on excessive charges.
- Get any settlement agreement in writing - if you agree on a reduced fee, get it in writing signed by both parties before you pay anything.
Does Your Landlord Have to Re-Rent? The Rule by City
Breaking a lease early is one of the most financially stressful situations a renter can face. The good news is that the actual cost can be much less than what your lease threatens - because in 10 of the 16 places we cover, a statute makes the landlord mitigate damages rather than simply billing you for every remaining month.
Whether your landlord has to try to re-rent depends on your state. Here is the rule in 10 of the cities we cover, as our research records it.
| City / State | Duty to Mitigate? |
|---|---|
| New York City, NY | Mandatory, non-waivable (N.Y. Real Prop. Law § 227-e) |
| Los Angeles, CA | Mandatory, tenant proves (Cal. Civ. Code § 1951.2) |
| Chicago, IL | Mandatory statewide (735 ILCS 5/9-213.1) |
| Austin, TX | Mandatory, non-waivable (Tex. Prop. Code § 91.006) |
| Miami, FL | No duty to re-rent (Fla. Stat. § 83.595) |
| Seattle, WA | Mandatory on abandonment (RCW 59.18.310) |
| Denver, CO | Case law; our record finds no statute |
| Phoenix, AZ | Mandatory after abandonment (Ariz. Rev. Stat. § 33-1370) |
| Nashville, TN | Mandatory in large counties (Tenn. Code Ann. § 66-28-507) |
| Atlanta, GA | Likely no duty |
The Duty to Mitigate - Your Most Important Protection
In 10 of the 16 places we cover, a statute gives landlords a "duty to mitigate damages" when a tenant breaks a lease. Where it applies, a landlord generally cannot simply sit back and charge you for every remaining month while the apartment sits empty. Texas Property Code Section 91.006 requires it and voids any lease clause that waives it; California Civil Code Section 1951.2 lets a landlord recover future rent only to the extent you cannot prove the loss was avoidable, though under Section 1951.4 a landlord may keep the lease alive and collect rent as it comes due if the lease permits subletting or assignment. Ohio's duty comes from its Supreme Court, not from any section of the Ohio code our record read. Our Colorado record finds no Colorado statute on the duty to mitigate, though Colorado courts apply general contract mitigation principles, and our Massachusetts record found no duty-to-mitigate section in Chapter 186 of the General Laws. Florida has no duty to re-rent, Pennsylvania's Supreme Court has held there is none, and Georgia likely has none, so there a landlord may be able to leave the unit empty and hold you to the rent for the rest of the term. For Ohio, Colorado, Massachusetts, Pennsylvania and Georgia, check the current law before relying on this.
In practice, this means: if you move out in August and your landlord finds a new tenant by October, you owe rent for September and October only - not for the remaining 6 months of your lease. Once a new tenant starts paying rent, the landlord generally cannot also collect that rent from you, though in some states, including Florida and Washington, the landlord can still recover any shortfall in the new rent. This single protection can save you thousands of dollars.
Flat Fee vs Pay-Until-Rented - Which Is Better for You?
Some leases specify a flat early termination fee while others say you pay until a new tenant is found. Which is better depends on your market. In a hot rental market where units re-rent in 1-2 weeks, paying until re-rented is cheaper. In a slow market where units sit empty for months, a flat fee provides cost certainty. Our calculator shows you both scenarios so you can see which applies to your situation.