Tenants Key Rights & Responsibilities
Tenants on a month-to-month agreement have to give a 30 day notice to the landlord before they move out of unit.
Tenants who sign a lease have entered an agreement to pay the rent for the entire lease term – just moving out doesn’t get you off the hook!
BUT landlord have an obligation to “Mitigate damages” (CC § 1951.2.) when a tenant moves out. This means the landlord has to make reasonable efforts to find a new tenant as soon as possible.
Once a new tenant is found and is paying rent on the unit, the landlord cannot “double” charge you for the rent as well.
Severe Habitabiity – Leaving Before the Lease is up
If a tenants’ home is severely uninhabitable and hasn’t been repaired despite your complaints and requests, a tenants has the right to move out.
This will discharge you from any further obligations under the rental agreement or lease because the landlord is not fulfilling their obligation under the agreement. (CC § 1942(a).)
Only do this if there are truly drastic serious problems, such as the lack of essential services, or unsafe or unhealthy conditions. Make sure to document the issues, any repair requests, and get official reports (from code enforcement) if possible so as to protect yourself.
Tenants of Protected Classes
Protected classes are characteristics of tenants that are legally protected from unfair practices like discrimination and harassment.
Tenants in active Military Service can break their lease, and may have the right to break their lease.
Tenants who are victims of domestic violence, violent threats, stalking, human trafficking, sexual assault or elder/dependent abuse also have the right to break a lease early. Use our sample letter here
Guide to Housing Protections for Domestic Violence Survivors
Sample Letters
To assert your rights to landlord or master tenant, tailor these letters to your situation:
Resources
Learn more about your protections and review these additional resources: