Liquidated damages equal to remaining rent on lease
Owing all remaining rent regardless of re-renting is often unenforceable. Most states require landlords to mitigate — they can't collect both.
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What it actually means
If the landlord re-rents the unit in a week, they can't also collect 8 months' rent from you. That's double-dipping.
The duty to mitigate is the law in nearly every state. A clause waiving it is often void as against public policy.
What it looks like in a lease
"Upon early termination, Tenant agrees to pay Landlord, as liquidated damages, the entire unpaid Rent for the remainder of the Lease term."
What to watch for
- Whether mitigation is mentioned
- Whether deposit is separate
How to negotiate it
'I'll agree to pay rent until a replacement tenant is found, but not a blanket penalty for remaining rent.'
When it crosses into a red flag
- No re-rental credit
- Clause says 'regardless of re-renting'
Frequently asked questions
What's the landlord's duty to mitigate?
They must make reasonable efforts to re-rent. If they do, you only owe the gap — not the full term.
Want to know how this works in your specific state? Read the Breaking a lease early guide, or pick your state from the guide index.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
