Breaking a lease in California can be stressful regardless of why you're seeking early termination of your rental agreement. While you likely weren’t planning to end your lease with your landlord early, life happens, and there’s no reason to feel guilty for breaking your agreement.
There are legal ways to get out of a California lease agreement; if you’re wondering how to break a lease in California, Daly Movers has all the necessary information.
And, if you need help relocating, call our Orange County movers 800-395-6683 for a free moving estimate.
California Lease Laws - Tenant Rights & Responsibilities When Signing a Lease in State
When you sign a CA lease agreement, you agree to stay (pay rent) to your tenant for the length of the lease term—typically one year. If you move before the lease is up and don’t continue paying what you owe every month, you’re breaking a lease in CA, and there may be penalties.
Both California tenants and landlords must follow specific rules and regulations listed in the rental contract. Hence, it is crucial to read your contract thoroughly prior to signing.
If you have no other option but to go back out of your agreement, there are legal ways to break a lease in California; you just have to know your tenant's rights in California, which we discuss below. Here’s all the information you need on breaking a lease in California.
California Landlord Tenant Law
Before breaking a lease in California, you must know your rights! In California, a lease agreement, commonly called a tenant or rental agreement, is a written or oral agreement between a landlord and tenant stating the obligations and entitlements of each party involved in the transaction. According to California state laws, if your lease is more than one year, it must be in writing to be enforceable in court.
The landlord and tenant include specific rules and regulations, including the length of the agreement. Responsibilities vary depending on the property, but paying your rent on time, maintaining the property, and reporting any damages or issues are expected. If these rules are violated, your proprietor can practice their landlord rights and evict you.
The landlord's responsibilities typically encompass fixing damages, maintaining the grounds, etc. If they fail to do so, breaking a lease in California becomes fairly simple.
What Happens if You Break a Lease in California?
CA lease laws can be strict, but there are ways for California tenants to get out of a lease early. Breaking a lease in California while avoiding legal and financial repercussions is possible, but doing your research is key. Unless you’re breaking a lease in California for the following reasons: domestic abuse, active military duty, unsafe rental unit, or your landlord is violating your privacy rights, legal early lease termination will be difficult.
If you leave your lease for any other reason than shown above, you will be expected to pay rent until the fixed-term lease expires. If you don't pay rent, your landlord has the right to
seek legal counsel; you can be sued, which may affect your credit and result in challenges renting again. Dealing with a lawsuit means legal fees, which can become quite pricey.
Additional penalties for breaking a lease in California:
A poor reference
Loss of security deposit
Reletting fees (A fee that a landlord or property manager may charge a tenant for ending their lease early and renting the unit to someone else)
Breaking a lease in California is costly and stressful unless done legally.
Ways to End a Lease in California Without Facing Penalties
People are researching “how to get out of a lease in California” for many reasons:
Buying a house
Starting a new job
Joining the military
Lost job
Covid-19 regulations
Medical reasons
Unsanitary conditions
Domestic violence and safety concerns
Regardless of why you’re trying to leave your current rental unit, knowing how to break a lease in California legally will save you thousands of dollars, hours of coordinating, and ample stress. California tenants have statutory rights (renters rights), meaning some parameters are sufficient reasons to break your rental lease early.
If your situation fits into the following circumstances, you will not face legal or financial repercussions for breaking a lease early in California.
Early Termination Clause
One of the easiest ways to break a lease in California is if your property manager wrote an early termination clause into the agreement.
California state law states that landlords have the right to include an “Early Termination Clause” in their agreement. This clause allows both parties to end the lease early as long as a termination fee is paid, usually two months' worth of rent.
Of course, not all rental agreements have early termination clauses; this is something to consider when signing a lease. You never know when you will find yourself breaking a lease in California, and it's best to be prepared.
Active Military Duty
Under the federal Servicemembers Civil Relief Act (SCRA), tenants who begin active military duty after signing a lease are granted specific protections. You are entitled to early lease termination without consequences. Breaking a lease in California is simple if you’re in active military service.
Only members of the “uniformed services” are eligible, and you must provide your landlord with 30 days' written notice. Your tenancy will expire 30 days after the rent is due next.
Domestic Violence or Abuse
State law (Cal. Civ. Code § 1946.7) declares breaking a lease in California due to domestic violence, elder abuse, stalking, or sexual violence is allowed. You must provide a restraining order for this claim to hold up in court.
Health and Safety Concerns
Your property manager is responsible for providing California tenants with a safe and clean environment; if your landlord repeatedly violates his responsibilities, you have the right to break your lease. Cal. Civ. Code § 1942 states if the landlord does not make repairs in a reasonable time (30 days), the tenant can vacate the premises with no legal repercussions.
Landlord Harassment
Under California law (Cal. Civ. Code § 1954), landlords must provide a 24-hour notice before entering a rental unit after an eviction is determined. If your proprietor fails to do so and begins removing doors and windows or turns off your utilities before a 24-hour notice, this would be considered constructive eviction, and this typically results in no further rent obligation to the tenant.
Health Reasons
If you suffer a sudden disability and can provide a doctor's note backing your claims, you’re eligible for early lease termination in California. Breaking a lease in California isn’t illegal if you do so for medical reasons.
Tenant Death
If a loved one was legally bound to an apartment lease (or other residential lease agreement) passes away, their family (or head of estate) is not responsible for unpaid rent, per CA Civ Code § 1934.
Voidable Lease
In California, if a lease agreement has unenforceable clauses or provisions (the contract was signed under pressure, the tenant was under 18, or the rental unit is illegal), your lease may be voidable.
Breaking a lease in California likely won’t have any negative implications if the contract was signed under the following parameters:
Lease signed under duress: If a tenant signs a lease under threat or force, it may be considered invalid because it was not signed willingly.
Lease signed by a minor: In California, individuals under 18 are considered minors. While minors can sign leases, they are not legally bound by contracts and may cancel the lease if they choose.
Unpermitted unit: A unit is considered illegal if it's used as living space but isn't registered properly or doesn't meet housing regulations. Examples include low ceilings, no address, or unsafe electrical systems.
Further Examples of How to Break a Lease in California Without Legal Repercussions
According to SAM Partners, P.C, Law Firm, and Martinez Law Firm, if you’re breaking a lease agreement in California because of a divorce, are transitioning to a nursing home, or you’re a college student no longer attending the college that your rental is based in, you’re not obligated under California law to continue paying rent until the lease expires.
Minimize Early Termination Penalty When Breaking a Lease in California
If your situation is different from the examples above, you will likely have to pay the entire lease term or risk facing legal troubles. However, proprietors are typically reasonable, and if you have a few outside-of-the-box solutions for the rental property, they may be willing to work with you.
Communication is key. Set up a meeting with your landlord as early as possible to discuss the situation. If you practice curiosity and communication, they may have a solution for you.
Subleasing is always an option - Not all rental properties allow subleasing, but if yours does, it could be the ideal solution.
Look for prospective tenants - Even if they don’t allow subleases, your landlord may be willing to let you out of the rental agreement scuff-free if you find a replacement tenant.
Breaking a Lease in California FAQ
How Can I End My Lease Early in California Without Penalties?
Breaking a lease in California without penalty is possible if you’re an active military serviceman, are suffering from domestic abuse, if your landlord isn’t providing safe and clean living conditions, and various other reasons.
How Much Does It Cost to Break a Lease in California?
If you’re breaking a lease in California without sufficient reasoning, you could face legal fees or have to pay an early termination fee, which is typically a few months' worth of rent and loss of your security deposit.
What Is the Early Termination Fee for a Lease in California?
Breaking a lease in California sometimes results in an early termination fee, which is typically two months' worth of rent. If your landlord has deemed this a possibility, you will see it worked into your lease.
What Is a 30-Day Notice to Terminate a Lease in California?
A 30-day notice is a written letter informing your landlord of your intentions to vacate the premises.
Can You Break a Two Person Lease?
Breaking a lease in California with a roommate happens. If you or a roommate moves out, you’re both still responsible for paying rent as per your lease. If the person not making the payment (breaking the lease) has a co-signer, the co-signer will be contacted for the remaining rent. However, it could end up negatively affecting you, too. Landlords are typically flexible when this happens, but eviction is possible if an agreement is not made and the landlord is not getting paid.
You’ll Need Help Moving After Breaking a Lease in California
We have OC movers providing dependable moving services to 75 Orange County cities. Planning to move elsewhere? You have enough on your plate to research how to break a lease in California. Let us plan your relocation and handle the heavy lifting. Call us today at 800-395-6683 to get started on a free moving estimate.
Chip Martin
BA in philosophy, Long Beach State 1974, various trades after college including cabinet maker and boat refinisher, then became a local moving driver in 1976, bought Daly Movers in 1979, managed company, and drove local and long distance until 1995 when I transitioned into sales/office full time. Almost fifty years later Daly Movers and I have sold, worked, and familiarized ourselves with virtually every type of household and O&I relocation.
Daly Movers provided exceptional service for what was quite a stressful and intimidating event: moving out of our home for 23 years to a different state.
- Maureen Smith
I’ve used Daly movers three times now. Two long distance and one from Southern California to NorCal. Renay has helped me every time with the entire process.
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