How to get out of a lease

To get out of a lease, you need either a replacement tenant or your landlord's written agreement to release you. The main routes are a lease takeover, a sublease, a negotiated release or buyout, and a few legal exceptions. A lease takeover is the one that can fully end your obligation, once the landlord signs the new tenant.

Updated

Your options at a glance

OptionEnds your responsibility?Landlord involved?Best when
Lease takeover (also called assignment or relet)Yes, once the landlord signs the new tenant to a leaseYes: approves the tenant and issues the formsYou have months left and won't be back. See lease takeover vs sublease
SubleaseNo: you stay responsible to the landlordUsually needs permissionYou're leaving for a set time and plan to return
Negotiated release or buyoutYes, if the agreement is in writingYes: it's their decisionYour landlord is willing and the fee is affordable. See how to negotiate a lease break fee
Legal exceptionYes, if you qualify and follow the notice rulesYou give notice with documentsYou are a qualifying survivor, service member, or similar
Move out and keep payingNoNoOnly as a last resort. See what happens if you move out early

Step 1: Read your lease

Before you contact anyone, find these clauses in your lease. They decide which route is open to you and what it costs.

  • Early termination or buyout clause: some leases name a fee for ending early.
  • Assignment and sublease clause: whether you may transfer the lease, and whether you need written permission.
  • Relet or re-letting fee: many properties charge a fee when a new tenant takes over.
  • Notice requirements: how many days' written notice, and to whom it must go.
  • Whether the lease is joint with roommates or individual, which decides who is responsible for the rent if you leave.

Step 2: Tell your landlord early

The earlier a landlord knows, the more time there is to re-rent the unit, and the more willing most landlords are to work with you. Ask what their relet or takeover process is, what it costs, and whether they will release you in writing once a new tenant signs.

Put the request in an email so there is a record, and keep every reply.

Step 3: Pick the route

  1. If you won't be back and have at least a couple of months left, a lease takeover is usually the best route. A replacement tenant means your rent stops when theirs starts.
  2. If you're leaving temporarily, a sublease can work, but you remain responsible to the landlord if the subtenant stops paying.
  3. If your landlord offers a release for a fee, compare it to what you would owe until the unit is re-rented.
  4. If you qualify for a legal exception, follow its notice rules exactly.

Legal ways out

Most reasons people want out, such as a new job, graduating, or moving in with a partner, are not legal grounds to end a fixed-term lease. A few situations are.

  • Domestic violence or sexual assault that happened in the dwelling: an Arizona tenant can end the lease early with written notice and a protective order or a police report (A.R.S. § 33-1318).
  • Active-duty service members: the federal Servicemembers Civil Relief Act allows eligible service members to terminate a residential lease (50 U.S.C. § 3955).
  • Month-to-month tenancies: either side can end one with at least 30 days' written notice before the rental period date (A.R.S. § 33-1375).

The rules have details and deadlines. Read the statute or talk to a tenant rights organization before relying on one.

Why a replacement tenant matters in Arizona

Arizona law says that if a tenant abandons a unit, the landlord must make reasonable efforts to rent it at a fair rental. And if the landlord rents it to a new tenant for a term that starts before your lease expires, your rental agreement ends on the date the new tenancy begins (A.R.S. § 33-1370).

In practice, that means every month the unit sits empty is a month you may owe. Bringing the landlord a qualified replacement is the fastest way to stop the clock.

How Dryft helps

Dryft is built for the lease takeover route. It finds a replacement tenant and works through your property's own takeover process. Here is how a Dryft takeover runs:

  1. You pay Dryft's service fee and are assigned a dedicated Relet Agent.
  2. Your agent sources incoming tenants and sends you regular email updates.
  3. An incoming tenant is identified and applies directly to your property.
  4. Dryft secures the incoming tenant's consent, and you submit both tenants' details to the property manager.
  5. The property manager issues the takeover forms, and the incoming tenant signs the official lease agreement.
  6. You confirm to Dryft that the takeover is complete.

If Dryft doesn't find a replacement tenant, you get your money back: you can request a full refund for any reason until the incoming tenant signs the official lease. Get a price in a minute on the quote page.

Frequently asked questions

Can I get out of a lease early in Arizona?

Usually only if your landlord agrees to release you, a replacement tenant takes over, or a legal exception applies, such as domestic violence or sexual assault in the dwelling (A.R.S. § 33-1318) or federal protections for service members. Otherwise you remain responsible for rent through the lease term, although a landlord must make reasonable efforts to re-rent a unit you abandon (A.R.S. § 33-1370).

What is the cheapest way to get out of a lease?

It depends on your lease, but the usual answer is a replacement tenant: your rent stops when theirs starts, and you only pay any relet fee and the cost of finding the tenant. A negotiated release can be cheaper if your landlord offers a small fee. See the cost of breaking a lease.

Does a lease takeover end my responsibility for the lease?

Once the landlord signs the new tenant to an official lease and releases you, yes. Ask for the release in writing. In a Dryft takeover, the engagement closes when the incoming tenant signs the property's official lease agreement.

Can I just move out and stop paying rent?

Moving out does not automatically end your lease. Unless the landlord accepts a surrender or re-rents the unit, you can still owe the rent, and unpaid amounts can go to collections. Talk to your landlord first.

What is Dryft?

Dryft is a service that gets renters out of a lease they can't keep. It finds a replacement tenant to take over the lease, working through your property's own takeover process. Get an instant price on the Dryft quote page.

What if Dryft can't find a replacement tenant?

You get your money back. Dryft's Service & Refund Agreement lets you request a full refund for any reason until the incoming tenant signs the official lease, and the service is risk-free until then.

Sources

This page is general information, not legal advice. Laws and lease terms vary, so check your own lease and talk to a lawyer or a tenant rights organization about your situation.