Early Lease Termination Addendum

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The Early Lease Termination Addendum saves the landlord headaches by allowing the tenant to end the lease before the end date for a fee.

Document Last Modified: 6/6/2023

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State Specific Clauses

CA State Assist

California Civil Code requires the landlord to mitigate damages if a tenant needs to break a lease early. Generally a pre-determined or set fee may be considered a penalty, therefore it is usually not permitted.
Some landlords and attorneys believe that adding a way for a tenant to “get out” of a lease early may save future headaches. If you have been a landlord for a while, you have seen the good tenants and the bad tenants. This form can be used for a good tenant who may have fallen on hard times as a way of holding out an Olive Branch to let them out of their contract ahead of time. However, this form may also be used to try to negotiate a bad tenant out of a lease before its expiration; perhaps saving aggravation. Luckily, the ezLandlord Forms’ Early Lease Termination Addendum will help make your landlord duties a bit easier.

Include this Early Lease Termination Addendum into your lease to ensure your tenants know there is a charge if they decide to end the lease early. This form should be included in the lease to guarantee the tenants understand that there will be a fee if he/she decides to terminate the lease before the end date. This document includes everything you would need to communicate to a tenant in this circumstance. This editable Early Termination Addendum serves as what is popularly called a “break clause” for a lease contract.

WARNING: Many U.S. states and Canadian provinces have stringent rules surrounding when, if and how much landlords can charge for an early termination fee. Nonetheless, if state/province regulations permit it, this addendum may be used as a rider alongside the lease agreement so that the landlord may permit the tenant to be released from a rental agreement before the end of the contract term, under special conditions.

This addendum is provided to a tenant by a landlord when both parties agree to specified terms in the event a tenant needs to end a lease prior to the end date. This form provides a written option for a tenant to “break a lease” after that tenant has met the conditions provided by the landlord. Usually this is document that is attached to a lease when a tenant executes the lease. However, it can also be provided after a lease is signed or even during a lease term provided that both parties agree to the terms, and it meets or exceeds the state or province’s requirements.