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Leases and deposits

Can I back out of a lease after signing but before moving in?

Updated By the Housing Rocket moderators

Short answer

Usually not without some cost. Leases generally have no cooling-off period, so once both sides sign, you are bound even if you never move in. You can still ask to be released, and many landlords agree if you pay a fee or they can re-rent the unit quickly, but expect to lose some money.

Act immediately. The more time the landlord has to find someone else, the less you are likely to owe.

  1. Email the landlord saying you can't move in and asking to cancel. Keep it honest and brief.
  2. Offer something, such as a cancellation fee or help finding a replacement tenant.
  3. Get any release in writing, stating what you owe and what will be refunded.

If the landlord won't agree, many states still require them to make a reasonable effort to re-rent rather than charge you for the whole lease. You would typically owe rent until a new tenant starts, plus reasonable costs of finding one.

The situation is different if the listing turned out to be fake or the landlord can't hand over the unit. In those cases you may be able to cancel and recover what you paid. If you suspect a fake listing, see rental scam questions.

Want the whole picture? Read Renting Your First Apartment: Applications, Leases and Move-in Costs.