Sample Agreement Regarding Cancellation of Lease

Protect yourself if you move out before the end of your lease term

By Ann O’Connell , Attorney UC Berkeley School of Law Updated 5/09/2024

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If you need to break your lease by moving out of a rental early, notify your landlord as soon as possible. The more notice you give, the better your chances are that your landlord will find a new tenant (and not end up using your whole security deposit or sue you in small claims court for rent for the remaining lease term). Try to work out a written agreement with your landlord that cancels the lease and allows you to leave early. You might need to sweeten the deal: Offering to pay the landlord a certain amount (such as a half months' rent) in exchange for allowing you to break the lease often works. For example, if you want to leave three months before the end of your lease, you might offer to pay half a month's extra rent if the landlord will sign an agreement releasing you from further responsibility under your lease. If you're successful in getting your landlord's agreement to cancel your lease, get it in writing! Below is a sample agreement you can give to your landlord to sign. Edit it as needed (by adding, for example, the correct address, dates, payment amounts, and any other agreement) to cover your particular situation Be sure to attach a copy of your current, fully signed lease. Once both you and your landlord have signed, keep a copy for your records. You'll want to keep a copy until your state's statute of limitations (the length of time someone has to sue after an alleged wrong occurs) for your landlord to sue you has run out—in some states, this can be as long as six years.

Sample Agreement Regarding Cancellation of Lease

This agreement is entered into on [date] between [tenant name(s)] (Tenants) who lease the premises at [full address of your rental] (Premises), and [landlord's name] (Landlord). 1. Under the attached lease dated [effective date of most recent lease], Tenants agreed to pay Landlord monthly rent of $______ [use the monthly rent amount agreed upon in the attached lease]. Tenants have paid rent through the month of [month and year that you've already paid rent for]. 2. The attached lease expires on [date that full lease term ends], but Tenants need to break the lease and move out of the Premises on [last date you plan to be in rental]. 3. Landlord agrees to cancel the attached lease on [either the last date you plan to be in rental or whatever date you and Landlord agree to end your responsibility under the lease], releasing Tenants from further responsibility under the lease, including (but not limited to) their obligation to pay rent, in exchange for Tenants' payment of [use the exact amount you and landlord have agreed on] by [date by which you will pay the amount]. 4. Tenants also agree to allow Landlord to [insert any other promises you've made. For example: "show the Premises to prospective tenants after giving Tenants two hours' notice, seven days a week. If Tenants cannot be reached after Landlord has made a good-faith effort to do so, Landlord may enter and show the apartment"]. 5. If Tenants do not fulfill their promises as described in paragraphs 3 and 4 above, the attached lease, dated [effective date of attached lease], will remain in effect. 6. This agreement is the complete agreement regarding cancelling the attached lease. Any other promises made by Tenants or Landlord, oral or written, are replaced by this agreement. Landlord's signature:______________________________ Date:______________________ Tenant(s)' signature:______________________________ Date:_______________________