Is it possible to get out of a lease early to move for a job offer?

UPDATED: Oct 1, 2022

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Is it possible to get out of a lease early to move for a job offer?

I currently live in Virginia and Am considering
employment opportunities on the west coast.
Can I break my lease early terminates in
October without being on the hook for tent
until then?

Asked on January 20, 2019 under Real Estate Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Have you reviewed your lease? Possibly their is language in it that relates to a job relocation. If not, unfortunately your situation doesn't entitle you to terminate your lease early.  Accordingly, you are still liable for the remaining rent until the end of the lease. That having been said, your landlord is under what is known as a duty to "mitigate damages" once you move. This means that they must use reasonable efforts to find a new tenant. If that happens, you will then be relieved of any further rental obligation.In order to expedite things, perhaps you know of someone who would like to move into your space. If your landlord agrees, then they could execute a new lease or perhaps this person could "sublet" your unit so in effect you become their lease landlord (i.e. sub-landlord) and they become your subtenant. In a sublet situation, you could charge your sub-tenant less than what you are paying so but at least it would give you some financial relief. However, that with a sublease you will still remain liable for the rent if your subtenant fails to pay it. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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