Menü Schließen

California Laws Breaking Lease Agreement

Breaking a lease agreement in California can be a difficult and expensive process. However, there are certain circumstances under which you may be able to terminate your lease without incurring penalties. As a renter in California, it is important to understand your rights and obligations under the law.

California’s Lease Termination Laws

California has specific laws that govern the termination of lease agreements. According to California Civil Code Section 1946, tenants may terminate their lease without penalty if they give the landlord proper notice of their intentions. In most cases, this requires providing written notice of at least 30 days before vacating the rental property. However, for tenancies longer than one year, the notice period increases to 60 days.

In addition to providing written notice, tenants must also comply with any other terms outlined in their lease agreement. For example, tenants may be required to pay rent through the end of the notice period, or to pay a fee for early termination.

Breaking a Lease Due to Uninhabitable Conditions

In some cases, tenants may be able to terminate their lease without penalty if they can demonstrate that their rental property is uninhabitable. Under California law, landlords are required to provide safe and habitable rental units. This means that properties must be free from health and safety hazards, and must include basic amenities such as plumbing and heating.

If a landlord fails to maintain a habitable rental unit, tenants may be able to terminate their lease agreement and seek damages. However, it is important to note that tenants must demonstrate that the rental property is truly uninhabitable before breaking their lease. Simply making complaints about minor issues or cosmetic problems is unlikely to be sufficient.

Breaking a Lease Due to Military Service

Finally, California law provides certain protections for tenants who are called to active duty in the military. Under the Servicemembers Civil Relief Act (SCRA), military service members who are required to move due to their service may be able to terminate their lease without penalty. Additionally, landlords may not be able to enforce lease agreements against military service members who are unable to fulfill their obligations due to their service.

Navigating lease termination laws in California can be complicated, and tenants are encouraged to seek legal advice before taking any action. However, by understanding your rights and obligations under the law, you can make informed decisions about terminating your lease agreement when necessary.