Life happens—job relocation, family emergency, relationship changes. If you need to break your lease early in Philadelphia, here's what you need to know about your options and potential costs.
First: Check Your Lease
Before anything else, read your lease carefully. Look for:
What to Look For
- Early termination clause — Some leases allow you to break with a penalty fee
- Buyout amount — Some specify 1-2 months rent to break
- Required notice period — Often 30-60 days
- Subletting clause — Can you sublet instead of breaking?
- Military clause — Special protections for service members
Legal Reasons to Break a Lease
In some situations, you can break your lease without penalty:
Valid Reasons to Break Without Penalty
- Uninhabitable conditions
No heat, water, or severe safety hazards the landlord won't fix
- Military deployment
SCRA protects active duty service members
- Domestic violence
PA law allows victims to break lease with documentation
- Landlord harassment
Repeated illegal entry, harassment, or retaliation
- No rental license
If the property doesn't have a valid rental license
Landlord's Duty to Mitigate
This is important: In Pennsylvania, landlords have a duty to "mitigate damages." This means:
- Landlord must make reasonable efforts to re-rent the apartment
- They cannot just let it sit empty and charge you full rent
- You're only responsible for rent until a new tenant is found
- They must accept a qualified replacement tenant you find
What This Means Practically
If you break your lease with 6 months remaining but the landlord finds a new tenant in 1 month, you're only liable for that 1 month of rent (plus any reasonable re-letting costs).
Potential Costs
What You Might Owe
How to Minimize Costs
Strategies
- 1.Negotiate with your landlord
Explain your situation—many will work with you
- 2.Find a replacement tenant
Offer to show the apartment and find someone qualified
- 3.Sublet if allowed
Check your lease—you may be able to sublet
- 4.Give maximum notice
More time = more time to find new tenant
- 5.Document everything
Get any agreements in writing
Step-by-Step Process
- Review your lease — Check for early termination clause or buyout option
- Calculate your exposure — How much rent remains? What's the worst case?
- Talk to your landlord — Explain situation, propose solutions
- Get everything in writing — Any agreement should be documented
- Give formal written notice — Even if you've talked, send written notice
- Help find a replacement — List on Facebook, Craigslist, etc.
- Leave the apartment clean — Maximize your security deposit return
- Document the condition — Photos/video at move-out
What NOT to Do
Avoid These Mistakes
- Don't just disappear — This makes everything worse
- Don't stop paying rent — This damages your credit and rental history
- Don't assume verbal agreements count — Get it in writing
- Don't damage the apartment — This just adds to what you owe
Resources
- Community Legal Services — (215) 981-3700 — Free legal help
- Philadelphia Tenant Hotline — (267) 443-2500
- Security Deposit Laws — Know your rights on deposits