Mutual termination at landlord's sole discretion
This clause lets you ask to terminate early, but the landlord can say no for any reason. It's not really a termination right — it's a request option.
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What it actually means
'Sole discretion' means the landlord has no obligation to agree. You can ask, they can refuse without explanation.
It's marginally better than no clause at all — at least it signals openness to negotiation. But don't rely on it.
What it looks like in a lease
"Early termination may be permitted upon mutual written agreement of Landlord and Tenant, at Landlord's sole discretion."
What to watch for
- Whether any fee structure is defined
- Whether refusal can be arbitrary
How to negotiate it
'Can we add: landlord will not unreasonably withhold consent, subject to one month's fee'?
When it crosses into a red flag
- No parameters on decision-making
Frequently asked questions
Can the landlord demand any amount?
Without a defined fee, yes. Negotiate a cap upfront.
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.
