Learn when and how renters in California may lawfully break a lease, as well as how to minimize obligation for rent until the conclusion of the lease term.
Breaking the lease is leaving before the end of a fixed-term lease without paying the remaining rent owed under the lease. Here’s a quick rundown of California tenant rights to end a contract without additional obligation for rent.
Tenant Rights and Responsibilities in California When Signing a Lease
A lease binds you and your landlord for a certain length of time, generally a year. A landlord cannot raise the rent or amend other provisions of a standard lease until the contract expires (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord cannot compel you to leave before the lease expires unless you fail to pay the rent or breach another key requirement, such as holding huge and raucous parties on a regular basis. Landlords in California must follow particular processes to discontinue the tenancy in these instances. For example, before initiating an eviction action, your landlord must give you three days’ notice to pay the rent or leave. (See California Civil Procedure Code 1161(2) (2022).) If you have participated in any unlawful behavior on the property, your landlord may issue you an unconditional quit notice with three days to vacate. (California Civil Procedure Code 1161(4) (2022).) Furthermore, if California’s statewide rent control laws apply to your rental, additional requirements may apply.
Tenants are legally obligated to pay rent for the whole lease period, which is normally one year, whether or not they continue to reside in the rented unit—with the exceptions listed below.
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When Is It Legal to Break a Lease in California?
There are few key exceptions to the general rule that a tenant who breaches a lease must pay the whole lease term. In the following circumstances, you may be allowed to lawfully leave before the lease term expires.
1. You or a family member have been the victim of domestic violence or another kind of crime.
Domestic violence, sexual abuse, and some other offenses qualify for early termination rights under California law. Tenants have the right to cancel their lease early not only if they are victims themselves, but also if the victim is a member of their household or an immediate family member—even if they do not reside with the immediate family member. Read the legislation for more information on eligibility and how to provide notice.
2. You have begun active military service.
Under federal law, if you join active military duty after signing a lease, you have the right to break the contract. Civil Relief Act for War and National Defense Service Members, 50 App. U.S.C.A. 501 and subsequent.) You must be a member of the “uniformed services,” which include the armed forces, the National Oceanic and Atmospheric Administration’s (NOAA) commissioned corps, the Public Health Service’s commissioned corps, and the activated National Guard. You must notify your landlord in writing of your intention to end your lease for military reasons. Once the notice is sent or delivered, your tenancy will end 30 days after the next due date for rent, even if that date is many months before your lease ends.
3. The rental unit is dangerous or violates California health and safety laws.
If your landlord fails to provide suitable home in accordance with local and state housing rules, a court would most likely rule that you have been “constructively evicted.” This implies that the landlord has effectively evicted you by providing unlivable housing, and you are no longer obligated to pay the rent. California law specifies the measures you must take before moving out due to a severe repair issue. The issue must be really significant, such as a loss of heat or another critical service. Green v. Superior Court, 10 Cal.3d 616 (1974), and California Civil Code 1942 (2022).)
4. Harassment or violation of your privacy rights by your landlord
California state law requires your landlord to provide you with adequate written notice before accessing your rental unit. A 24-hour notice (or 48-hour notice for the final move-out inspection) is often regarded acceptable. (California Civil Code 1954 (2022).) If your landlord repeatedly violates your privacy rights, or does things like removing windows or doors, disconnecting utilities, or changing the locks, you will be considered “constructively evicted,” as described above; this will usually justify you breaking the lease without further rent obligation.
In California, it is the landlord’s responsibility to find a new tenant.
If you don’t have a legal reason to terminate your lease, the good news is that you may still be exempt from paying the whole lease term’s rent. This is because, under California law, your landlord is required to make reasonable attempts to re-let your unit, regardless of the reason for your departure, rather than charging you the whole remaining rent due under the lease. (See California Civil Code 1951.2 (2022).) If you break your lease, you may not have to pay much, if any, extra rent. You only have to pay the rent that the landlord loses because you moved out early. This is because California compels landlords to take reasonable efforts to limit their losses, or “mitigate damages,” as the legal word goes.
So, if you violate your contract and leave without legal explanation, your landlord can’t generally simply sit back and wait until the lease expires, then sue you for the complete amount of missed rent. Your landlord must make reasonable efforts to rerent the property and deduct the let collected from new renters from the amount you owe. The landlord does not need to lower the bar for suitable renters, such as accepting someone with a bad credit history. Furthermore, the landlord is not compelled to rent the unit for less than fair market value or to prioritize renting your property above other companies. Furthermore, the landlord may add appropriate charges to your payment, such as the fees of promoting the property.
If your landlord swiftly rerents the property (more probable in college cities and comparable markets), you’ll only be liable for the (hopefully short) period while the unit was empty.
The bad news is that if the landlord attempts to rerent your apartment and is unable to locate an appropriate tenant, you will be obligated to pay let for the balance of your lease term. If you leave many months before your lease expires, this might be a significant sum of money. Your landlord will almost certainly utilize your security deposit to pay the amount you owe initially. However, if your deposit is insufficient, your landlord may sue you, most likely in small claims court, where the cap in California is $10,000.
How to Reduce Your Financial Liability When Breaking a Lease
If you want to leave early and don’t have a legal reason, there are better choices than just packing out and praying your landlord finds a new renter swiftly. There are many things you can do to reduce the amount of money you have to pay your landlord—and to assist assure a positive recommendation from the landlord when you’re searching for your next place to live.
You may greatly improve the situation by giving your landlord as much notice as possible and drafting a heartfelt letter explaining why you need to leave early. Ideally, you should be able to provide your landlord a suitable replacement renter, someone with strong credit and solid references, to sign a new lease.