Have you ever been stuck in a lease agreement you desperately want to break? Whatever the reason, early lease termination can be a daunting task, especially if you're unfamiliar with your state's laws and regulations. In California, tenants and property management agents have legal rights when it comes to breaking a lease, but navigating the early lease termination process can be tricky.
This guide will provide an overview of the steps you need to move from your rental in California before the fixed term lease expires.
A California lease agreement is a legal contract between a landlord and tenant that outlines the terms and conditions of a property. The lease agreement sets out the responsibilities and rights of tenants and landlords, including the amount of rent, when to pay rent, the length of the lease, and any other provisions that may be relevant to the tenancy. Unclear leases can scare off prospective tenants.
In California, a rental lease can be either oral or written, although a written lease agreement is recommended for most landlords as it provides a clear record of the terms of the agreement for the tenant. The agreement must comply with California landlord tenant law and regulations, which govern the relationship between landlords and tenants and provide protections for both parties.
Some common provisions that may be included in a California rental agreement include the following:
Tenants need to understand the obligations of their lease and California law before attempting to end their lease. If a tenant breaks their lease term without proper legal justification, they should provide written notice to their landlord and work with their property manager or landlord to minimize any penalty fee associated with breaking a lease early.
If a tenant breaks their California lease early by using any of the below reasons, they must still provide written notice and may have further rent obligation. This means the tenants could be responsible for paying the remaining rent for the rest of the entire lease term.
In California, tenants may be able to legally break their lease before its expiration date if they have a justified reason. Justified reasons for breaking a lease are typically related to issues that make the unit uninhabitable or create an unsafe or untenable living situation.
Here are some examples of justified reasons to stop paying rent and break a lease early in California:
As a landlord in California, you have a responsibility to provide tenants with a habitable property. If the rental is in such poor condition that it is not fit for human habitation, the tenant may have a justified reason to break the lease. This could include issues such as:
If the property threatens the tenant's health or safety, the tenant may have a justified reason to break the lease early. This could include structural problems, inadequate security, or dangerous or unsanitary living conditions.
If the landlord breaches the rental agreement significantly, such as failing to make necessary repairs, the tenant may have a justified reason to break the lease. For instance:
If the tenant is called for active military duty or receives orders to move to a new location, they may have a justified reason to break the lease. The Servicemembers Civil Relief Act protects active service members from certain things.
If the tenant is a victim of domestic violence or stalking, they may have a justified reason to break the lease under California law. The tenant that is a victim of domestic violence may be required to provide their landlord with documentation of the abuse, such as a police report or permanent or temporary restraining order. Then, the domestic violence victim will be legally allowed to vacate.
Breaking a lease in California can be complicated, but knowing your rights as a landlord is important. If your tenant has a justified reason to break the lease early, it is important to document the issue and communicate with your tenant in writing.
At Action Properties, we understand that navigating California law as a property owner can be difficult. As a leading property management company in the Mountain View area, we have worked with landlords and investors for over four decades. If you have any questions about leases or need assistance with property management, please don't hesitate to contact us today! We're here to help.
This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
I chose the right company when I picked Action Properties 10 years ago to service my rental. I trust them completely and lean on them whenever the tenant needs something. I believe in maintaining the property well, and Action Properties does just that. Not only do they take care of repairs and answer my tenant's questions, they also provide accounting monthly and annually for me. Thus, doing this part of my taxes is easy. Whenever I have a question or concern, response is quick and helpful. I dislike being responsible for my rental property and am very, very grateful that Action Properties knows what it's doing and takes care of everything. When a new refrigerator was needed, I just paid the bill. I didn't have to shop for it. When other repairs have needed to be done, Action Properties did those repairs as needed, without overdoing it as I'm sure I would have done. Treating a rental property is different from the home I live in, but sometimes I forget that. I am so glad to have Action Properties in my corner. When I've wanted to see my property, Action Properties made the arrangements and I got to see things for myself. I don't worry about a thing! Thank you to everybody at Action Properties who knows my property and takes good care of it.
