Breaking a lease can be complicated. Tenants might find themselves in situations where they need to move before the lease ends, but it’s important to understand the legal conditions surrounding this decision. If you’re thinking about breaking your lease, it’s essential to know your rights and responsibilities under Maryland law.
Early termination of lease with cause
In Maryland, tenants have the right to break a lease legally under certain circumstances. If the rental property has serious issues affecting health or safety, like mold, pest infestations, or major plumbing or heating problems, tenants may terminate the lease early. The property must fail to meet basic habitability standards, and the landlord must receive notice and have time to fix the issue. If they don’t make necessary repairs, tenants can break the lease.
Military service exception
Another situation allows tenants to break a lease in Maryland: entering military service. The Servicemembers Civil Relief Act (SCRA) lets active-duty military members terminate leases when deployed or reassigned. Tenants must provide written notice and a copy of military orders to the landlord to qualify for this exception.
Domestic violence protections
Maryland law also lets tenants break a lease if they become victims of domestic violence. If staying in the rental property threatens your safety, you have the right to terminate the lease. Specific steps, like providing documentation (e.g., a protective order or police report), are necessary to break the lease.
Subletting or assigning the lease
Tenants unable to break the lease directly can consider subletting or assigning it. Many Maryland leases include clauses that allow tenants to sublet with the landlord’s permission. However, subletting only works if the lease permits it. Tenants should check the lease and communicate with the landlord to avoid violating terms.
Ending the lease without cause
If tenants want to leave before the lease ends without legal cause, they may still be responsible for paying rent until the landlord finds a new tenant. In some cases, landlords may agree to a lease break with a penalty fee or a negotiation. However, no guarantee exists, so tenants must discuss the situation with their landlord.
When considering breaking a lease, tenants should review the lease agreement and understand the legal protections available. Whether unsafe living conditions, military duty, or personal safety concerns are the reason, Maryland law provides legal protections for tenants to terminate a lease without facing financial hardship.