Breaking a Lease

Need to leave your home quickly? Check out these resources for how to break lease contract with your landlord.

The following webpage and resources have been developed by staff with years of experience in tenants’ rights, but they DO NOT substitute for legal advice.

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.

You can use our sample letter here to inform your landlord that you are leaving due to uninhabitable conditions.

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

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