Breaking a lease early in California: what you may owe and the exceptions

The landlord's duty to re-rent

When a tenant leaves early, the landlord cannot simply leave the unit empty and charge the full remaining rent. Under Civil Code § 1951.2, the landlord may recover the unpaid rent and other damages, minus the amount of rent loss that the tenant proves could have been reasonably avoided. In practice, that means the landlord must make reasonable efforts to find a new tenant at a fair rent.

You can make this easier and reduce your exposure. Give written notice as early as possible, return the keys, leave the unit clean, and offer to help find a qualified replacement. Keep copies of listings, messages and any applicants you referred.

• Give written notice with your move-out date and forwarding address.
• Offer a replacement tenant, if your lease allows it.
• Ask the landlord to confirm in writing when a new tenant moves in.

Victims of abuse and violence

Civil Code § 1946.7 lets a tenant end a lease early when the tenant, or a household member, is a victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain other crimes causing bodily injury or the threat of it. The tenant must give written notice to the landlord, together with qualifying documentation such as a protective order, a police report or a statement from a qualified third party, within the time limits the statute sets.

The tenant generally remains responsible for rent for a limited period after giving notice, set by the statute. Because the documentation and timing requirements are specific, ask an attorney or a domestic violence advocate to check your notice.

Servicemembers

The federal Servicemembers Civil Relief Act allows servicemembers to end a residential lease in certain situations, for example when they enter military service after signing the lease, or receive orders for a permanent change of station or a deployment for an extended period. The servicemember must give written notice and a copy of the orders. The termination takes effect on a date set by the Act, generally tied to the next rent due date. The Department of Justice and military legal assistance offices can explain how it applies.

Month-to-month tenancies and agreements

If you rent month to month, you generally can end the tenancy by giving written notice at least as long as the rental period, usually 30 days. With a fixed-term lease, the cleanest way out is a written agreement with the landlord, often called a lease termination or surrender agreement. Make sure it states the move-out date, any payment and what happens with the deposit. Do not rely on an oral promise that it will be fine.