Breaking a lease in California feels stressful, but tenants have clear legal rights to end a rental agreement without penalties. This guide breaks down those rights, the possible consequences, and how both tenants and landlords can protect themselves when leases end early.
Legal Reasons to Break a Lease Early in California
In California, landlords and tenants may end lease agreements before the official expiration date under certain circumstances, including:
1. Active Duty Military
Federal law lets tenants end a lease early if they’re called to active military duty. The protection covers service members relocated for deployment or a permanent change of station. It begins the day active duty starts and runs 30 to 90 days after discharge.
The tenant must serve on active duty in the military, Reserve, or National Guard for more than 30 days, or as officers in the Public Health Service or NOAA, with PCS or 90-day deployment orders issued before signing.
Tenants must also provide landlords with written notice and proof to end a lease early, and understand that termination isn’t immediate. Once the tenant delivers notice, the lease will end no earlier than 30 days after the next rent period begins, giving both parties time to prepare.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Abuse, Sexual Violence & Other Crimes
In California, tenants who experience domestic violence, sexual assault, stalking, or sexual abuse have the right to end a lease early without penalties. State law protects tenants who provide proper documentation to the landlord, ensuring victims can leave unsafe housing without fear of financial penalties for breaking a lease.
For domestic violence to qualify as grounds for early lease termination in California, the abuse must come from a household member and target the tenant or their child. The act must cause harm, attempt to cause harm or sexual assault, or create a reasonable fear of imminent danger.
Tenants ending a lease early due to abuse must give landlords 30 days’ written notice and provide valid proof of the situation. The lease will end after the notice period, but tenants typically remain responsible for the last month’s rent and any damages to the unit.
Supporting law: California Civil Code §1946.7
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In California, tenants may end a lease early without penalty when a rental becomes uninhabitable. This protection applies if serious health or safety codes are violated, the tenant notifies the landlord of the issue, and the landlord fails to make essential repairs within a reasonable timeframe.
State law defines uninhabitable conditions under the implied warranty of habitability. These conditions must not result from the tenant’s actions or negligence. Common examples include:
- Ineffective weather proofing
- Inadequate plumbing facilities
- Lack of hot and cold water
- No proper heating system
- Broken stairways or railings
To end a lease due to uninhabitable conditions in California, tenants must provide written notice explaining that the lease is ending because the landlord did not make necessary repairs. Whenever possible, they should also provide proof of the violation and evidence that they previously communicated their repair requests directly to the landlord.
Supporting laws: California Civil Code §§1941.1, 1942
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
In California, tenants may break a lease early if a court confirms landlord harassment or serious privacy violations. To pursue this option, tenants must file a formal complaint and provide supporting evidence, allowing a judge to decide whether ending the lease is legally justified.
Examples of landlord harassment in California include:
- Unlawful entry: Entering a rental without providing a 24-hour notice
- Constructive eviction: Removing doors or windows, shutting off utilities, or changing locks
- Failure to repair: Refusing or delaying essential repairs under the implied warranty of habitability
- Discrimination: Mistreating tenants based on protected categories under the federal Fair Housing Act
To end a lease early for landlord harassment in California, tenants must file a complaint in district court. A show-cause hearing follows, where the court reviews the evidence. If the clerk issues a complaint and the judge confirms harassment, the tenant may terminate the lease.
Supporting laws: California Civil Code §§1940.2, 1954
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
In California, tenants can end a lease early without penalty if the agreement is legally void or contains unenforceable terms. This protection applies when someone signed a lease under duress, when a minor signed, or when the lease involves an illegal rental unit.
A lease is voidable or unenforceable in California if:
- Signed under duress: Coercion through physical force or unlawful threats eliminates free will.
- Signed by a minor: Anyone under 18 cannot be legally bound by a lease
- Unit is illegal: Unregistered or unsafe housing, such as no legal address, improper electrical systems, or ceilings below code
When a lease is declared void in California, the law treats it as if it never existed. The tenant can move out immediately without future rent obligations, and the landlord must return the security deposit. If the landlord refuses to return the deposit, tenants can take them to small claims court.
Supporting laws: California Civil Code §1595 et seq., California Health & Safety Code §17920.3
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Tenant Death
In California, if a tenant passes away before the lease ends, the tenant’s estate can terminate the agreement early without penalties. The estate representative must provide proof of death, or the landlord may request documentation directly from the Department of Health.
To end the lease after a tenant’s death in California, the estate’s representative must give the landlord written notice within a reasonable timeframe. The representative must also remove the tenant’s belongings and sign an inventory of items to complete the termination properly.
Termination does not happen right away. In California, the lease becomes part of the tenant’s estate, and the executor manages it. The executor decides whether to keep paying rent or end the lease, while the estate covers unpaid rent and damages beyond normal wear and tear.
Supporting law: California Civil Code §1934
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Landlord Retaliation
In California, tenants can end a lease early without penalty if a landlord retaliates after they assert legal rights. State law forbids landlords from punishing tenants for reporting violations, requesting repairs, withholding rent, or exercising rights under housing, health, or building codes.
Examples of protected tenant actions include:
- Exercising or attempting to exercise legal rights
- Reporting health or building code violations
- Withholding rent when landlords don’t perform necessary repairs
- Filing complaints with housing or regulatory boards
Examples of landlord retaliation include:
- Filing an eviction proceeding
- Reducing services or access to the premises
- Raising rent or altering lease terms substantially
- Interfering with tenant rights under the lease
Tenants can prove retaliation with documentation such as agency records, filed complaints, or evidence of eviction attempts or sudden lease changes. Landlords may defend themselves by showing they planned these actions before the tenant exercised legal rights. If the court confirms that defense, it removes retaliation protections.
Supporting law: California Civil Code §1942.5
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
8. Mutual Agreement Between Landlord & Tenant
In California, a landlord and tenant can end a lease early without penalty if they both agree. They usually reach this agreement through direct negotiation or an early termination clause in the lease. Both parties should sign written documentation to confirm the terms.
Common reasons for mutual lease termination include:
- Job relocation or transfer
- Financial hardship
- Family or medical needs
- Desire to sell the property
- Property renovations or redevelopment
- Tenant purchasing a home
When seeking early termination in California, tenants should give landlords clear reasons and proposed terms. Both sides can then negotiate details such as notice periods, final rent payments, and deposit handling. Signing a written termination agreement ensures the lease ends on fair and legal terms.
Supporting law: California Civil Code §1933
Other Legal Reasons for Breaking a Lease in California
Tenants in California may also end a lease early when state or federal law grants special protections beyond standard rules. These exceptions apply in situations outside habitability problems or landlord harassment, giving tenants added rights to terminate without penalties.
Other valid reasons include:
Court-ordered relocation of the tenant: A court may order a tenant to relocate when legal proceedings or judgments require it. In these cases, tenants can terminate the lease early without financial penalty (California Code of Civil Procedure §1174.2).
Condemnation of the rental property: If officials condemn a rental for safety or code violations, the unit becomes legally uninhabitable. Tenants may then end the lease immediately without owing future rent obligations (California Health & Safety Code §17920.3, California Code of Civil Procedure §1174.2).
Natural disasters that render the unit uninhabitable: Earthquakes, floods, or fires can damage a rental so severely that it cannot be lived in safely. California law allows tenants to terminate the lease without penalty (California Civil Code §1933(4)).
Mental or physical disability requiring relocation to supportive housing or care facilities: A tenant with a qualifying disability may end a lease early if they must move into assisted living or specialized housing to receive appropriate care (Fair Housing Act, 42 U.S.C. §§3601–3619, California Gov. Code §12955).
These less common situations are still recognized under California law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In California, tenants who break a lease without legal grounds will often forfeit their security deposit, face a civil lawsuit from the landlord, damage their credit, or receive negative rental references that complicate future housing opportunities.
Landlord’s Duty to Mitigate Damages in California
In California, landlords must mitigate damages by making reasonable efforts to re-rent a unit rather than charging tenants for the full lease term. Once a new tenant moves in, the original tenant is only responsible for covering rent during the vacancy period.
Supporting law: California Civil Code § 1951.2
Tenant’s Right to Sublet in California
California law does not automatically give tenants the right to sublease their rental unit, as subletting requires the landlord’s express written consent. When approved, subleasing can reduce a tenant’s financial burden by shifting rent obligations to the subtenant, rather than leaving the original tenant responsible for the entire lease balance.
Supporting law: California Civil Code § 1995.210
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