{"id":517,"date":"2026-02-25T18:51:36","date_gmt":"2026-02-25T18:51:36","guid":{"rendered":"https:\/\/future.tenantstogether.org\/?page_id=517"},"modified":"2026-06-17T21:13:47","modified_gmt":"2026-06-17T21:13:47","slug":"breaking-a-lease","status":"publish","type":"page","link":"https:\/\/tenantstogether.org\/es\/resources-for-tenants\/know-your-rights\/breaking-a-lease\/","title":{"rendered":"Breaking a Lease"},"content":{"rendered":"\n
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Tenants Key Rights & Responsibilities <\/h2>\n\n\n\n

Tenants on a month-to-month agreement have to give a 30 day notice to the landlord before they move out of unit. <\/p>\n\n\n\n

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! <\/p>\n\n\n\n

BUT landlord have an obligation to \u00abMitigate damages\u00bb (CC \u00a7 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.<\/p>\n\n\n\n

Once a new tenant is found and is paying rent on the unit, the landlord cannot \u00abdouble\u00bb charge you for the rent as well.<\/p>\n<\/div>\n<\/div><\/div>\n\n\n\n

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Severe Habitabiity – Leaving Before the Lease is up <\/h2>\n\n\n\n

If a tenants’ home is severely uninhabitable and hasn\u2019t been repaired despite your complaints and requests, a tenants has the right to move out. <\/p>\n\n\n\n

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 \u00a7 1942(a).) <\/p>\n\n\n\n

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.<\/p>\n\n\n\n

You can use our sample letter here to inform your landlord that you are leaving due to uninhabitable conditions<\/a>.<\/p>\n<\/div>\n<\/div><\/div>\n\n\n\n

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Tenants of Protected Classes <\/h2>\n\n\n\n

Protected classes are characteristics of tenants that are legally protected from unfair practices like discrimination and harassment. <\/p>\n\n\n\n

Tenants in active Military Service can break their lease, and may have the right to break their lease.<\/p>\n\n\n\n

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<\/a><\/p>\n\n\n\n

Guide to Housing Protections for Domestic Violence Survivors<\/a><\/p>\n<\/div>\n<\/div><\/div>\n\n\n\n

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Sample Letters<\/h2><\/div>\n\n\n\n

To assert your rights to landlord or master tenant, tailor these letters to your situation:<\/p>\n<\/div>\n\n\n\n\t\t\t

\n\n\t\t\t\t\t\t\t\t\t\t\t\t
\t\t\t\t\t\t\t\t

\n\t\t\t\tBreaking a Lease Due to Domestic Violence, Elder Abuse, Sexual Assault, Stalking Or Dependent Adult Abuse<\/a>\n\t\t\t<\/h3>\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\t\t\t\t\t\t<\/article>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t
\t\t\t\t\t\t\t\t

\n\t\t\t\tLeaving Before Lease is Up Due to Uninhabitable Conditions<\/a>\n\t\t\t<\/h3>\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\t\t\t\t\t\t<\/article>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t
\t\t\t\t\t\t\t\t

\n\t\t\t\tNotice of Intent to Vacate and Pre-Move-Out Inspection<\/a>\n\t\t\t<\/h3>\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\t\t\t\t\t\t<\/article>\n\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t<\/div><\/div>\n\n\n\n
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Resources<\/h2><\/div>\n\n\n\n

Learn more about your protections and review these additional resources:<\/p>\n\n\n\n