How to Get Out of a Lease in California: A Guide for Tenants
Signing a lease for an apartment or rental unit in California means committing to stay for a fixed term, typically one year. However, life circumstances change, and you might find yourself needing to move out before the lease ends. If you’re wondering how to get out of a lease in California, you’re not alone. Tenants often face situations where they need to break their lease, and it’s important to know your rights and responsibilities to avoid unnecessary penalties.
Here’s a guide on how to legally terminate a lease in California and reduce your financial liability.
Tenant Rights When Signing a Lease in California
A lease is a binding contract between you and your landlord. Under most rental agreements, you are required to stay for the full term of the lease and pay rent for that period. Typically, your landlord cannot increase rent or change the terms during the lease term unless the lease specifically allows it.
However, if you want to leave before your lease ends, there are situations where you can do so legally and without being responsible for paying the full rent. Let’s explore your options.
When You Can Legally Break a Lease in California
While breaking a lease isn’t always straightforward, there are several valid reasons tenants can exit their lease early under California law.
- Victim of Domestic Violence or Other Specific Crimes
California law allows tenants to break their lease early if they or a family member are victims of domestic violence, sexual assault, or other specific crimes. You can terminate your lease early by providing the landlord with documentation and written notice. Check California Civil Code section 1946.7 for more details. - Active Military Duty
If you’re called to active military duty, you are entitled to terminate your lease under federal and California state law. You need to give your landlord written notice, and your tenancy will end 30 days after the next rent payment is due. This applies to service members in the armed forces, National Guard, and other related agencies. For more information, refer to the War and National Defense Service members Civil Relief Act. - Unsafe Living Conditions
If your rental unit is uninhabitable and doesn’t meet California’s health and safety standards, you may have grounds to break your lease. Problems such as a lack of heat, plumbing issues, or severe mold could be considered violations of housing codes. California Civil Code § 1942 addresses this, and tenants may be able to leave without paying remaining rent if the housing is unfit for living. - Landlord Harassment or Privacy Violations
Your landlord is legally required to respect your privacy rights. If they frequently enter the rental without proper notice, shut off utilities, or make unreasonable demands, you might be considered to have been “constructively evicted.” In such cases, you could break the lease without facing additional rent liability.
How to Get Out of a Lease in California Without Legal Grounds
If you don’t have a legal reason to break your lease, you might still be able to get out of it early by following these steps:
- Talk to Your Landlord
Sometimes, a simple conversation can lead to a resolution. Explain your situation and see if they are willing to let you out of the lease early, especially if you offer to help find a new tenant. - Sublease or Assign the Lease
If your lease allows it, consider subleasing the rental or assigning it to someone else. This way, you can transfer your responsibilities to another party for the remaining lease term. - Find a Replacement Tenant
If you can find a suitable replacement tenant who meets the landlord’s criteria, they may be willing to let you out of the lease early. Make sure to present someone with excellent references and a strong credit score to make it easier for your landlord to approve. - Offer to Pay a Lease Break Fee
Some landlords may agree to let you break the lease if you pay a lease break fee. This fee is often a few months’ rent, but it can help you avoid further legal complications.
Consequences of Breaking a Lease in California Without Legal Grounds
If you don’t have a valid reason for breaking your lease and don’t follow the proper procedures, you may face several consequences, including:
- Loss of Your Security Deposit
The landlord may withhold your deposit to cover unpaid rent or damage to the property. - Rent for the Remainder of the Lease Term
You may still be liable for the rent for the remaining lease term, unless the landlord is able to find a new tenant to occupy the unit. - Legal Action
If you don’t pay the remaining rent, the landlord may take legal action to recover the funds, potentially affecting your credit score.
Landlord’s Duty to Mitigate Damages
In California, landlords have a legal obligation to make reasonable efforts to re-rent the property as soon as possible. This means that if you break your lease without a valid reason, the landlord can’t just sit back and expect you to pay for the full lease term. They must actively try to find a new tenant to fill the vacancy. If they find a replacement tenant quickly, you may only be responsible for the rent during the time the unit was vacant.
How to Minimize Financial Liability When Breaking a Lease
If you need to break your lease but don’t have a legal justification, there are ways to minimize the financial impact:
- Communicate Early: Inform your landlord as soon as possible and be honest about your reasons for leaving.
- Provide Written Notice: Follow the proper procedures by providing written notice, and keep a copy for your records.
- Offer to Help Find a Replacement Tenant: If possible, find a suitable tenant who meets the landlord’s requirements.
- Leave the Rental in Excellent Condition: This will help ensure the landlord has no reason to withhold your security deposit.
By taking these steps, you may be able to minimize the costs associated with breaking your lease and help ensure that you don’t face long-term financial consequences.