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In California, a tenant can end a fixed-term lease early, without penalty, if one of several conditions is met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.
| Reason | Legally Acceptable? |
| Active Military Duty | Yes |
| Early Termination Clause | Yes |
| Domestic or Sexual Violence | Yes |
| Uninhabitable Living Conditions | Yes |
| Tenant Death | Yes |
| Unenforceable/Void Lease | Yes |
| Landlord Harassment | Yes |
| Mental or Physical Disability | Yes |
| Landlord Retaliation | Yes |
| Job Relocation | No |
| Backing Out Before Move-In | No |
| Buying a House | No |
According to federal law, a tenant can break a lease early due to military duty. Tenants who are active service members and are relocated due to deployment or permanent change of station may break a lease early
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. The protection begins on the date on which the tenant enters active duty and ends between 30-90 days after the date of discharge.
To prove or verify military duty in California, a tenant must give the landlord both of the following:
If a landlord doubts the authenticity of a tenant’s request to terminate a lease due to military duty, the landlord may submit a Record Request to obtain a report certifying the tenant’s active duty status. However, the landlord must create an account to use the Record Request.
To terminate a lease early for military duty, a tenant must provide a landlord written notice and proper documentation. However, the lease does not terminate immediately. Once notice is delivered, the earliest a tenant can terminate is 30 days after the beginning of the next rent period.
For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.
In California, a tenant can break a lease early, without penalty, due to an early termination clause. However, a tenant can only break the lease if an early termination clause exists in the lease. A landlord is not required to include an early termination clause in a lease.
An early termination clause allows a tenant to terminate a lease early in exchange for paying a penalty. Generally, an early termination clause allows a tenant to break a lease anywhere from 30-60 days after providing notice.
If a lease does not contain an early termination clause, and both the landlord and the tenant would like to end the lease, they may agree to a “mutual termination.” In this case, the landlord and tenant write down the terms of the termination agreement, sign the agreement, and comply with the agreed upon terms to terminate the lease.
In California, a tenant can break a lease early, without penalty, due to domestic or sexual violence. California law protects tenants who are victims of domestic violence, sexual assault, stalking, or sexual abuse so long as the tenant can provide the landlord with proof of the abuse
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.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In California, for an act of domestic violence to qualify as grounds for breaking a lease, all must be true:
A tenant can prove or verify domestic violence by providing the landlord with one of the following:
The court documents are not public record and a landlord cannot request the documents from the court. However, the orders are official court documents signed and stamped by a judge. To verify a landlord can look at a list of current judges in the state.
To further verify if the court documents are legitimate, a landlord may call the court and ask the clerk to confirm the issue was ordered.
Documents from a licensed healthcare provider or someone who is otherwise qualified will be signed by the healthcare provider. While the provider will not talk to the landlord about incidents leading to the documentation, a landlord may call the provider to verify the validity of the document.
To terminate a lease early for domestic violence in California, a tenant must provide the landlord with the proper documentation and 30 days’ written notice of termination. The tenant remains liable for any damage done to the rental unit as well as the rent due for the final month.
In California, a tenant can break a lease early, without penalty, due to uninhabitable living conditions if all of the following are true:
This right cannot be waived. Any lease clause attempting to is unenforceable.
California law sets forth specific instances that qualify as uninhabitable living conditions. To start, a unit must fail to meet certain physical health and safety standards under the implied warranty of habitability that are not a result of the tenant’s actions or negligence.
Here are a few examples of uninhabitable living conditions in California:
Any situation that materially affects an ordinary tenant’s physical health or safety makes that rental unit uninhabitable.
To break a lease for uninhabitable conditions, the tenant must notify the landlord. The notice must be in writing and list the uninhabitable conditions. The landlord has 30 days to address the issues.
In California, to prove or verify uninhabitable living conditions, a tenant must show all of the following:
Upon receiving notice, the landlord may verify the conditions by inspecting the property. If the tenant intends to make the repair themselves, the tenant must provide the landlord with a copy of the repair bill and receipt for the payment.
To terminate a lease early because of uninhabitable living conditions, the tenant should send the landlord a letter stating that they are terminating for failure to resolve the conditions and, if possible, proof of both the violation and notice requesting repairs.
The tenant must also leave the premises. The tenant is entitled to a prorated refund of rent from the date of termination or the date the tenant moves out, whichever is later.
If the landlord disputes the legitimacy of the uninhabitable conditions, they may file a complaint for a “declaratory judgment” with the California District Court asking whether the unit is truly uninhabitable.
In California, a tenant’s estate can terminate a lease early, without penalty, if a tenant dies before the expiration of the lease
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This right cannot be waived. Any lease clause attempting to is unenforceable.
Under California law, a tenant’s death does qualify as a legitimate reason to terminate the lease so long as the tenant who signed the lease was the sole occupant over the age of 18. In the event of minors living with the deceased, the landlord will work out details with the minors’ new legal guardian(s).
To show proof or verify tenant death, the estate may provide the deceased tenant’s death certificate to the landlord or a landlord may request a tenant’s death certificate from the California Department of Health.
The personal representative of the deceased tenant’s estate, also known as an executor or administrator, should provide the landlord with a copy of the tenant’s will or a court order naming the person and describing their role as a representative of the estate.
In California, in order for a representative of the estate to terminate a lease early due to tenant death, they must provide the landlord with written notice within a reasonable time after the death. Then the representative must remove the tenant’s belongings from the property. Finally, the representative must sign an inventory of the removed property.
Termination of the lease is not effective immediately. The lease becomes a part of the tenant’s estate and will be managed by the executor of the estate. Therefore, it is up to the executor of the estate to either continue paying the rent for the full term or returning possession of the rental premises and terminating the lease.
If released, the tenant’s estate will still be liable for any past-due rent and any damages to the premises that are beyond normal wear and tear. Until the lease is fully terminated, the tenant’s estate will still be responsible for rent.
In California, a tenant can break a lease early, without penalty, if there are unenforceable clauses or provisions that make the lease voidable
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. Specifically, a tenant can break a lease early if the lease was signed under duress, if the tenant is a minor, or if the unit is illegal.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In California, a lease would be deemed unenforceable or voidable if any of the below are true:
To prove or verify that a lease was signed under duress, a tenant must be able to show that they did not sign the lease on their own free will. Usually duress will manifest through threats of harm or physical violence. Regardless, a tenant must show that the threat of harm made by the other party was the reason they entered into the contract. The burden of proof then shifts to the other party, who must prove that any threats made to the person did not force them into signing the lease.
To prove or verify that the party signing the lease was a minor, the easiest way will be to provide a birth certificate showing exactly when the tenant was born. Once confirmed, they will then be given the choice of whether they want to void the lease.
To prove or verify that the unit is illegal, a tenant can search public files at the local housing inspection department or agency. A tenant can search these files online by locating the “Certificate of Occupancy” document. Generally, every city or county will have a database where an individual can input the address of the property in question. Simply search “[the county or city name] + certificate of occupancy.”
If a lease is considered void or unenforceable, it is immediately terminated, as if the lease was never signed. Therefore, the tenant can move out immediately and no longer have to pay rent.
Furthermore, because the agreement is viewed as never in existence, any security deposits paid should be returned. The first step is asking the landlord to return the security deposit. However, if the landlord claims they do not owe you money, you may have to resort to filing a lawsuit in small claims court.
In California, a tenant can terminate a lease early due to landlord harassment or privacy violations
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. However, a court must determine whether landlord harassment occurred before a tenant can break the lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In California, the following behavior qualifies as landlord harassment:
A tenant may prove or verify landlord harassment by keeping written records of any harassment or taking photos, if possible. At the hearing, a landlord may be able to counter this with similar evidence.
For example, a tenant may provide a court with pictures of an exterior door with no locks. In turn, the landlord may present evidence that the landlord was required to change the locks and show the court a receipt from a locksmith with an installation date for a new lock.
To terminate a lease for landlord harassment, a tenant must get court permission. The tenant must file a complaint with the California District Court. The court will then schedule a show-cause hearing, where the tenant will provide facts on why there should be a complaint filed against the landlord.
If the clerk issues a complaint, a court date will be set. On the court date, it will be determined whether landlord harassment occurred and if the lease should be terminated.
In California, as with all other states, a tenant can break a lease early, without penalty, because of a physical or mental disability.
Practically speaking, a tenant with a disability could request to terminate the lease if they can no longer function in a regular rental unit and need specialized care.
Not all physical and mental disabilities may meet the requirements for terminating a lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
Under both the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), persons with disabilities are eligible for reasonable accommodations. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to enjoy where they live.
A person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. These individuals must have a record of the impairment. A record can constitute hospitalization records and documented time off as a result of the disability.
A physical or mental impairment includes diseases and conditions such as:
If a tenant has a qualified disability, the tenant may request early termination as a reasonable accommodation under the federal FHA or ADA. Once the landlord receives this letter, then they will terminate the lease.
However, in the event the landlord refuses to honor the legitimate early termination of the lease, you may have to file a Fair Housing complaint or sue in court.
In California, a tenant can break a lease early, without penalty, if a landlord retaliates against the tenant. California law does not allow a landlord to retaliate against a tenant for exercising their rights under the law
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.
This right cannot be waived. Any lease clause attempting to is unenforceable.
California law sets forth specific instances that qualify as landlord retaliation. First, a tenant must have done one of the following:
After a tenant exercises these rights, any of the following actions may qualify as landlord retaliation:
In California, a tenant may prove landlord retaliation by first showing documentation of the rights the tenant exercised under law, such as a copy of a complaint filed with a governmental agency. A tenant may also use a copy of an eviction proceeding or altered lease to prove landlord retaliation.
The landlord is not liable for retaliation if the landlord proves that the action was not taken for purposes of retaliation. To do so, the landlord must have evidence that they intended to take the same actions prior to the tenant’s actions.
A landlord may also show that they exercised certain lawful rights through any of the following:
A tenant cannot break a lease early due to a job relocation in California. No laws exist in California to allow a tenant to automatically break a lease for a new job.
However, some leases contain a “transfer clause” which may allow a tenant to end a lease early if they are relocating for a new job.
In California, a tenant cannot break a lease early after signing the lease but before moving in. However, a tenant may terminate the lease under an early termination clause, if the lease contains one.
In California, a tenant cannot break a lease early due to buying a house unless the lease contains a clause allowing the tenant to terminate the lease early because of a new home purchase.
If there is no legal justification for breaking a lease early, then the tenant will be responsible for the remaining rent due for the lease.
California does not have a law limiting the amount a tenant owes a landlord when breaking a lease early. A tenant could be liable for paying the remaining rent through the life of a lease. However, a landlord must mitigate damages and seek to replace the tenant.
In California, a landlord has the duty to mitigate damages, which requires that a landlord make reasonable efforts to re-rent the premises rather than charging the tenant for the remaining lease
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. When the premises is rented out, the tenant will only be responsible for the amount of time the unit was vacant.
California state law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If a tenant is able to sublet the premises, they will not be liable for the total remaining rent due under the lease.
In California, tenants will be held liable for all remaining rent and property damage unless the landlord found a new tenant.
If not, potential consequences include:
Under the SCRA, a servicemember may terminate residential leases if he or she is transferred after the lease is made.
To terminate a lease early, military members must prove they signed a lease before entering active duty and provide written notice along with military orders to the landlord of their intent to end the lease early.
A notice to terminate a tenancy under this section shall be in writing with either a copy of a temporary restraining order, a copy of a written report by a peace officer, or documentation from a third party to indicate that the tenant was seeking assistance for physical or mental injuries.
If within a reasonable time after written or oral notice to the landlord or his agent of dilapidations rendering the premises untenable which the landlord ought to repair…the tenant may vacate the premises.
If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract.
Any provision in a residential lease executed and modifies or waives any of the following tenant rights is void and unenforceable…duty imposed by law.
It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling.
If the lessor retaliates against the lessee because of the exercise by the lessee of the lessee’s rights under this chapter or because of the lessee’s complaint to an appropriate agency as to the tenantability of the dwelling, the lessor may not recover possession of a dwelling.
The landlord may recover damages only if they relet the property prior to the time of award and proves that in reletting the property, he acted reasonably and in good-faith effort to mitigate the damages.
