So, if you break your lease and move out without legal justification, your landlord usually can't just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history.
Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn their attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property. If your landlord rerents the property quickly more likely in college towns and similar markets , all you'll be responsible for is the hopefully brief amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can't find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. If you want to leave early, and you don't have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly.
There's a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you're looking for your next place to live. You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
California Tenants' Rights , by J. Scott Weaver and Janet Portman Nolo provides extensive legal and practical advice for California tenants on lease terminations, including dozens of forms and sample letters. To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Learn when and how tenants may legally break a lease in California and how to limit liability for rent through the end of the lease term. Tenant Rights and Responsibilities When Signing a Lease in California A lease obligates both you and your landlord for a set period of time, usually a year.
When Breaking a Lease Is Justified in California There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You or a Family Member Are a Victim of Domestic Violence or Other Specified Crime California law provides early termination rights for tenants who are victims of domestic, sexual abuse, and certain other crimes.
You Are Starting Active Military Duty If you enter active military service after signing a lease, you have a right to break the lease under federal law. The Rental Unit Is Unsafe or Violates California Health or Safety Codes If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been "constructively evicted;" this means that the landlord, by supplying unlivable housing, has for all practical purposes "evicted" you, so you have no further responsibility for the rent.
Your Landlord Harasses You or Violates Your Privacy Rights Under state law in California, your landlord must give you 24 hours' or 48 for the final move-out inspection notice to enter rental property Cal. Noncompliance with local health and safety codes, inability to maintain habitable housing, substantial destruction of the property or constructive eviction. Here, at Apartment List, we always say that everyone deserves a home they love. And most state laws confirm it!
As a renter, you are entitled to a safe habitable home, and your landlord is responsible for the habitability of your apartment. So what does that mean?
States have health codes that all rental properties have to comply with to be considered habitable. The property should have running water, heat, plumbing, trash bins, a roof over your head and stable walls.
Keep in mind, a small roof leak is not a valid reason to break a lease early. There must be a major issue that can potentially threaten your health and safety. For example , a roof leak that results in mold and mildew may be grounds to break a lease. Then you should wait for a reasonable amount of time for them to fix it. If your landlord fails to solve the issue, then you must contact the appropriate local housing authorities.
Not everyone knows that a landlord usually has to give at least a hour notice before visiting their property. And they better have a good reason for it! As long as you are both bound by a rental agreement, you are entitled to privacy. The reasons for landlords or property managers to enter rental units include repairs and inspection of potential issues. They also may enter to show the unit to prospective tenants. In case your landlord continues to make unannounced visits, you should go to small claims court.
Once you obtain a court order, you can start the process of early lease termination. Military service. Tenants who enter active military duty after signing a lease have a right to get out of their legal obligations as tenants.
The SCRA also covers the family. A spouse of the service member is not responsible for the lease despite their name being on the contract. To execute your rights, you would have to give a notice of intent to vacate to your landlord.
You should personally deliver the letter or send it with certified mail. Depending on the nature of your contract month-to-month rental agreement or a fixed-time lease , your tenancy will be terminated either 30 days after the next day the rent is due or on the last day of the month following the month in which the notice was delivered. Note that a security deposit cannot be withheld as a punitive action for the early termination.
Domestic violence, harassment, stalking or sexual assault. The victim must inform the landlord that there is a real threat of future violence happening on the premises. It must be done in writing. The premises in this case are defined widely and may include inside the apartment, hallways, parking lot, laundry room, gym, yard, the front and the back of the property etc.
There is a certain time period after the incident when the victim may send the notice of intent to vacate. It will vary from state to state. In some places, it has to be sent within 90 days after the actions. Those documents can be police reports, court orders, medical records etc.
The victim is only liable for the rent owed through the termination date and any other outstanding obligations. This party would be the alleged perpetrator of the assault, harassment or stalking. The landlord or the property manager also cannot withhold the deposit as a form of punishment. To get more guidance for your particular situation, please refer to your state legislation.
Offer your security deposit as a compensation. You have to understand that when you break a lease your landlord might be facing significant financial loses. The best way to approach this situation and avoid a credit judgment, a public record on your credit report, is to reach a compromise. You also want the property to be in good shape and kept that way if something goes wrong.
In particular, look for information concerning termination, penalties, and deposits. Leases commonly run month-to-month or for several months or even years. In many cases, tenants start off with a lease for a year or two, and then the agreement automatically moves forward on a month-to-month holdover basis.
Typically, a month-to-month tenant must give a day notice before vacating. However, be careful. Fort Benning explains in a handbook for new soldiers:.
Servicemember Sam hand delivers his termination notice and a copy of his orders to the landlord on 5 January. The next payment of rent is 1 February. The effective day of the termination is 1 March. Rent-to-own homes: the lease option. For a year-to-year arrangement, you may have to give or days notice, depending on local rules and what the lease says. In practice, it makes sense to give as much notice as possible.
What happens if you break a lease may depend on how much damage the landlord incurs because of your decision to leave. The more notice you give, the greater the opportunity for the landlord to find a replacement tenant. If you break the lease, you may owe damages to the landlord. Read the lease. Instead, the deposit covers unpaid rent or property damage. It happens that members of the military can be assigned to distant locations on short notice.
Military personnel under state and federal rules can have special rights to terminate a lease. Copies are available from housing and legal offices.
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