Understanding Break Clauses in Your Lease
What break clauses mean—when you or the landlord can end the tenancy early and what to check.
A break clause lets you or the landlord end the tenancy early—before the fixed term is up. If you don't read carefully, you might assume you can leave whenever you want, or that the landlord can only use the break in certain cases—but the contract may say otherwise. Here's what break clauses usually mean and what to check before you sign.
What a break clause is
A break clause is a term in the lease that allows one or both parties to end the tenancy on a specified date (e.g. after 6 months of a 12-month lease) or on notice (e.g. 2 months' notice after 6 months). So you might have a 12-month lease with a break at 6 months—meaning you or the landlord can give notice and leave (or ask you to leave) at that point, instead of being locked in for the full year.
Who can use it
- Mutual break. Both you and the landlord can use the break—you can leave, or the landlord can end the tenancy, if the right notice is given. That's often fair—but it means the landlord can also end early (e.g. to re-let at a higher rent). Check whether the break is mutual or one-sided.
- Tenant-only break. Only you can use the break—you can leave early, but the landlord cannot end the tenancy early. That's better for you if you want flexibility without the risk of the landlord ending early.
- Landlord-only break. Only the landlord can use the break—they can ask you to leave early, but you cannot leave early without penalty (e.g. you might owe rent for the rest of the term or a fee). That's worse for you—avoid if you can, or negotiate a mutual break.
What to look for
- Notice. How much notice is required? 1 month? 2 months? Must it be in writing? When must it be given (e.g. by the 1st of the month)? Missing the deadline can mean you lose the break—so know the rules.
- Conditions. Are there conditions? For example, must you be up to date on rent? Must the property be in good condition? If you don't meet the conditions, the break may not work—or the landlord may claim damages.
- Penalties. If you leave early without using the break (e.g. you leave at 4 months when the break is at 6), do you owe rent for the rest of the term? A fee? Get it in writing.
BeforeYouSign can highlight break clause language in your lease so you know when you or the landlord can end early—and what notice and conditions apply—before you sign.