Yes, in California, a lease can be terminated. Lease termination rules vary depending on the type of rental agreement that is in place. For month-to-month tenancies, either the landlord or tenant can end the lease by providing proper written notice.
However, proper notice must be given. Landlords must give 30 days’ notice for tenants who have lived in the unit less than a year, or 60 days’ notice for those who have resided there longer.
Fixed-term leases are more restrictive than month-to-month leases, and they generally cannot be terminated before their end date without potential consequences. However, California law does provide several exceptions to the general rule that do allow for early termination of such leases.
Exceptions include situations involving domestic violence, stalking, sexual assault, military deployment, or when the rental unit becomes uninhabitable through no fault of the tenant. However, if none of these exceptions apply, tenants who need to break their lease still early have a few options.
First, they can negotiate with their landlord for an early termination of lease, find a qualified replacement tenant, or pay the early termination fee, if such a clause is specified in the lease. Regardless of the circumstances in which a tenant may wish to terminate their lease, tenants remain responsible for timely paying their rent until the unit is either re-rented or the lease term ends. Of course, the tenant and the landlord can enter an agreement that says otherwise.
How Does a Landlord Terminate a Lease With a Tenant?
In order to terminate a lease with a tenant in California, a landlord must provide the tenant with written notice to terminate a lease as specified in Civil Code Section 1946. For month-to-month tenants who have lived in the unit less than a year, landlords must give 30 days’ written notice.
For tenants who have lived there more than a year at the current lease, there is a 60 days notice requirement. The written notice must be delivered either personally, by mail, or posted on the premises if the tenant is unavailable. If the termination is a result of a lease violation, then landlords must provide a “cure or quit” notice that gives the tenant a chance to fix the issue.
A cure or quit notice, also known as a “perform or quit” notice in California, gives tenants a specific timeframe, usually 3 days, to either fix their lease violation or move out of the property. Common examples of curing or quitting a lease include paying overdue rent, removing an unauthorized pet, or stopping other lease violations. Importantly, if the tenant doesn’t comply within the specified period, the landlord can then proceed with eviction proceedings.
In California, commercial lease termination by a landlord is also possible. Landlords can terminate a commercial lease by following the specific termination provisions as outlined in the original lease agreement. Unlike residential leases, commercial leases have fewer statutory protections, and most rights are determined by the contract terms alone. However, there are still some commercial tenant rights in California, such as allowing them a period to cure.
How Does a Tenant Terminate a Lease With a Landlord?
As mentioned above, in order to terminate a lease in California, tenants must provide written notice equal to their rent payment period. This is typically 30 days notice for month-to-month rental terms.
However, for fixed-term leases, such as 12 month leases, tenants must either wait until the lease ends, negotiate an early termination with their landlord, or qualify for legal early termination under specific circumstances that would allow them to terminate the lease early.
For instance, domestic violence, military deployment, or the premises becoming inhabitable due to no fault of the tenant may all allow them to terminate their lease early in most cases. It is important to note that in California, if a tenant stays past their fixed term without executing a new agreement, then their tenancy converts to a month-to-month lease.
What Are Some Tips To Consider When Terminating a Lease in California?
When it comes to terminating a lease in California, it is crucial to follow the terms of the lease for cancellation, as well as California’s laws on terminating a lease in order to protect your rights and avoid legal disputes. The following is a list of tips you should consider when terminating a lease:
- First and foremost, all lease termination notices must be in writing, with copies retained for your records
- Next, you should also document the property’s condition by taking photographs and performing a detailed move out inspection, as that can help protect your security deposit rights
- Before initiating termination procedures, you should carefully review your lease agreement for specific termination clauses and requirements
- If you’re attempting to terminate early, it is important to understand that California law requires landlords to make reasonable efforts to re-rent the unit to minimize your liability for remaining rent
- It is important to keep all communication with your landlord professional and in writing, documenting any agreements or discussions about the termination process, as those communications may be needed to prove up an agreement reached to terminate early
- For tenants, it’s advisable to request a preliminary walk through inspection with your landlord, which must be offered within two weeks of your move out date
- Requesting a preliminary walk through inspection allows you to address any potential deductions from your security deposit before leaving the unit.
- Additionally, with regard to your security deposit, it is important to provide your forwarding address in writing to ensure proper receipt of your security deposit, which landlords must return within 21 days of move out
- Finally, you should make sure to thoroughly clean the unit and repair any damage beyond normal wear and tear in order to maximize your security deposit return and maintain a positive rental history for future housing applications
If any disputes arise regarding early lease termination or security deposits, it is important to maintain detailed records of all correspondence and consider setting up a lawyer consultation with a landlord tenant attorney in California before taking any actions that may affect your rights. An experienced California lawyer can guide you regarding the legal ways to get out of a lease.
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How Much Is the Termination Fee for a Lease in California?
In short, it depends. It is important to note that there is no statutory limit on lease termination fees, but any fee for early termination must be specified in the original lease agreement. Generally speaking, landlords typically charge one to two months’ rent as a termination fee.
However, they can only legally demand amounts equal to their actual costs, including remaining rent until the unit is re-rented and advertising costs. Once again, you can also terminate without paying termination fees in specific situations, such as military deployment, domestic violence, and uninhabitable conditions.
What if I’ve Suffered Losses From a Lease Termination?
As a landlord, if you’ve suffered losses from a lease termination, then you have several legal remedies available under Civil Code Section 1951.2. Landlords can recover unpaid rent, the difference between the original lease rent and new tenant’s rent if lower, plus reasonable costs for advertising and preparing the unit for new tenants.
However, landlords must make reasonable efforts to mitigate damages by trying to re-rent the property. In order to protect your rights, it is important to document all losses carefully, keep records of attempts to re-rent the property, and consider consulting with a legal professional to pursue damages through small claims court or other legal proceedings.
If you are a tenant who has been wrongfully evicted, you have significant legal rights and remedies available. First, you can sue your landlord for damages that may include the cost of temporary housing, moving expenses, emotional distress, and, in some cases, punitive damages. It is important to note that the law prohibits “self-help” evictions. Additionally, landlords cannot change locks, remove belongings, or shut off utilities to force tenants out.
Are There Any Defenses for a Tenant to a Lease Termination?
Examples of common defenses for a tenant to a lease termination include improper notice from the landlord, retaliation, such as being evicted for reporting code violations, discrimination, uninhabitable conditions, or the landlord’s failure to make required repairs.
Additionally, tenants can also defend against termination if the landlord accepted partial rent payments after serving them with an eviction notice. They can also defend themselves from termination if proper eviction procedures weren’t followed.
Do I Need a Lawyer To Break My Lease?
If you are having issues concerning a lease or are considering terminating a lease early, then it is recommended to consult with an experienced landlord tenant attorney in California. LegalMatch can assist you with finding a lawyer near you who handles lease termination cases.
An attorney can inform you of your legal rights concerning termination with regard to California’s laws on early lease termination. Further, they can review your California rental agreement to determine what options you have under the terms of the original lease.
Further, should legal action become necessary, such as in cases where you are being wrongfully evicted, then a lawyer can represent you in those matters and file a lawsuit against your landlord. Finally, they can also represent you in court, as needed.
