Breaking a Lease: Early Termination vs. Assignment vs. Sublease

First identify what is actually happening

An early termination ends the tenancy by agreement or another lawful basis; an assignment transfers lease rights and obligations differently; a sublease generally creates a secondary rental relationship while the original lease remains relevant.

National overview: state and local law can materially change the result. Verify the rental property's jurisdiction before using a legal notice, charging a fee, withholding a deposit, changing rent, screening an applicant or ending a tenancy.

Read the existing lease before choosing a form

Check restrictions on assignment, subletting, early termination, replacement tenants and required consent. Then verify state/local rules and any independent statutory termination rights.

Document consent and continuing liability

For an assignment or sublease, identify parties, dates, premises, consent status and whether the original tenant remains liable. For an agreed early termination, document the termination date, possession, money and release terms accurately.

Close possession and deposits separately

Changing who occupies the property does not automatically answer what happens to keys, condition records, balances or the security deposit. Use separate records where needed.