Breaking a Lease in California: Grounds in Law

How a Lease Agreement Works

When leasing or renting a home, tenants enter into an official rental contract that is considered legally binding with the property owner. The lease document may contain addendums such as rules for smoking, pets, and any community restrictions. The lease document will be specific to the rental unit being leased – if you want to rent a different unit, the owner or property management will draw up a new lease.
As a legal contract, there are certain obligations both the tenant and the owner must follow. Generally, many people believe that the lease legally protects them from being evicted or kicked out of their rental, and in California, this is true . Owners cannot simply change the locks on a rental and throw a tenant’s stuff out on the street. However, owners can start eviction proceedings and intent to vacate proceedings if a tenant is not following the terms of the lease (as well as certain regulations under California Civil Code 1942.5 and Civil Code 1942.3).
Here is a breakdown of common lease terms and tenant obligations (things that could get you in legal trouble and moved out of your apartment):
Terms of the Lease: Tenant Obligations: Non-compliance of one of the above-mentioned items can technically get a tenant evicted from their rental situation. Additionally, if the tenant is accused of violating a state or local ordinance, the landlord can ask them to vacate.

Legal Grounds for Early Termination of a Lease

The decision to break a lease in California can arise from various circumstances. However, to avoid legal repercussions, you must be sure your situation meets a valid legal reason that is allowed under California law. Below, I have outlined the legal grounds that ordinarily allow for breaking a lease in California.
Rental Violations
When renting in California, your landlord has legally-stated responsibilities. If your landlord fails to uphold any of the following obligations that are essential to the health and safety of the tenant or the property, it gives you the legal right to break your lease:
Issues in the following list that your landlord fails to address will entitle you to break your lease in California. You may also have the right to recover damages from your landlord. Your right to break your lease using this ground is for the first three months of your residency, but if the problem still exists you can potentially move out at any time thereafter.
Health and Safety Code Violations
Beyond the responsibilities described above, California law also entitles you to break your lease if you are living in unsafe and unsanitary areas of the premises. In California, legal grounds for breaking your lease include the following:
Military Deployment
California law also protects active service members who have been called to duty. It allows you to break your lease if you have been deployed. More specifically, if you are a member of the United States Armed Forces and you receive orders for a Permanent Change of Station (PCS) or active duty away from the premises, you have the legal right to break your lease in California.

Tenants’ Rights Under California Law

California law provides tenants the ability to break a lease without penalty or liability under certain conditions. With what few exceptions there are, those conditions all revolve around the common theme of habitability, safety, and public policy. Included in these protections are military personnel, tenants subjected to domestic violence, and senior citizens residing in senior mobile home parks. The full list of qualified exigencies are: If the tenant has been a victim of domestic violence and is requesting to terminate their tenancy, they must be able to demonstrate evidence of that fact. A tenant who has been subjected to physical abuse arising from domestic violence, stalking or elder abuse, and meets certain conditions, is permitted to terminate the rental agreement. Prior to termination of the rental agreement, the tenant must give the landlord reasonable advance notice of termination (30 days). In the case of a military member, violation of the rental agreement due to prevention of proper vacating of the property will not provide the owner with the right to recover rent from the lessee. However, to receive proper protection under the law the lessee must meet the conditions set forth under the federal Service members Civil Relief Act (SCRA).

Constructive Eviction: What It Means

Constructive eviction arises from a violation of the warranty of habitability. The warranty of habitability is a legal implied contract that a landlord must provide to a tenant a residential living space that is not only safe, but also fit for reasonable human habitation. This is somewhat predicated on the tenant paying rent, but in California, tenant rent is typically not overdue anytime soon. So, under California law, even if a tenant is behind in rent, a landlord must still provide tenants a habitable place to live or else the landlord could be in violation of lease agreement and the warranty of habitability. A tenant may not have to perform an as agreed to, as part of a lease agreement, to pay rent, due to the fact that the landlord is in material breach thereof.
Such breaches of the warranty of habitability by a landlord are to include:

• Failure to repair broken appliances;
• Failure to repair leaks or other plumbing problems;
• Failure to fix physical damage to real property;
• Broken windows or doors;
• Inadequate or no heating, cooling or ventilation;
• Water leaks;
• Poor or no lighting; or
• Cleanliness issues (always a problem with regard to rodent infestation or insects).

In addition, the issues must exist despite the landlord being notified of such. Further , the issues must exist and not be of temporary duration. For example, if a leak is fixed in a day or two, that would not be considered a material breach of a lease agreement or the warranty of habitability. However, if that leak were to take a month or longer to fix, then it would likely be considered such. Finally, all reasonable attempts to correct the issues must be given, with notice, to the landlord first. Thus, if you live in a commercial space in California, you should expect to fix your own leaky radiator, as such is called rent abatement and is illegal under California Civil Code Section 1942. No one likes to see their equity erode, especially a landlord who loses tenants to padlocks and signs in the window.
There could be other potential legal claims for unlawful eviction in California, but those claims would be more akin to an unlawful detainer action. That is civil sanctions awarded to a plaintiff of an unlawful detainer hearing, which usually results in an award for possession of the rental premises, unpaid rents, and reasonable attorneys fees and costs. Unpaid rent is calculated according to the rental agreement and any amortization of lease expenses, less security deposits and any other credits provided by the landlord to the tenant.

How to Protect Yourself When Breaking a Lease

When dealing with a lease termination before the end of a rental term, it is critically important to understand whether the grounds for breaking the lease are legally justifiable. For example, a tenant who breaks a lease because they have left their job and can no longer afford to pay for housing costs and living expenses will not be able to break their lease without facing significant legal consequences. If there is a lack of sufficient legal cause for breaking a lease and the tenant has not agreed to leave the rental unit early, they will be forced to pay rent for the remainder of the rental term, find a replacement tenant, replace the locks on the property, and make necessary repairs to avoid having the landlord claim those issues as reasons to prevent the return of the security deposit.
When a tenant in California has gone through a situation where their lease has ended or the lease term has expired, they will have the right to remain in the rental unit unless the landlord imposes a legal notice stating that they must vacate the premises. A tenant has the right to remain on the premises until the court decides otherwise.
If a tenant believes that they do have sufficient legal grounds to break their lease, they should immediately speak with a local attorney with experience in tenant laws. Legal representation can help ensure that the tenant is protected from any legal issues and financial liabilities that could occur as a result of the decision to break the lease.
The easiest way for a tenant to protect themselves when breaking a lease is to document all issues that they have experienced in the unit. This means taking notes on dates that issues persist and conditions of the rental unit and taking photos to have as evidence during later disputes with the landlord. A tenant should document all communications made with a landlord on any issues as well. This includes checking that their landlord has received previous notices and that they are responding to any requests that the tenant makes to have issues repaired or addressed.
If a tenant intends on breaking their lease because conditions in the unit are dangerous or unsafe, they should report those conditions to a local housing authority and local law enforcement as well. If a landlord does not resolve issues after reporting them, the tenant could move forward with breaking the lease, knowing that they did everything possible to notify their landlord.
It is the responsibility of both tenant and landlord to keep up proper documentation and communication throughout the relationship. By remaining organized and documenting everything, a tenant can avoid disputes with their landlord and protect their finances when they break a lease and relocate out of state or find somewhere else to live.

Resolving Disputes and Obtaining Legal Support

Disputes between tenants and landlords are not uncommon, particularly when it comes to breaking a lease. Landlords may resist your attempts to terminate the lease, hoping to hold you to the terms of that lease for longer. In the event of a dispute, it’s important to know that you have options. First, carefully review your lease agreement. Make sure you understand the terms of breaking the lease and what is legally required of you. Then, reach out to your landlord to explain the situation and why you need to break the lease. Don’t forget to request their permission to break the lease in writing. Stay calm and remember that your landlord is losing if you break the lease . While they may be upset that the lease is being terminated early, they’re the ones now responsible for finding a new tenant and the expenses entailed in doing so. Keep the communication clear and open and the process will likely be much smoother than if you were to enact the termination in secret. Sometimes however, that isn’t enough. If your landlord continues to drag their feet or refuses to respond, it may then be time to involve an attorney. An experienced California landlord-tenant lawyer can file a petition on your behalf and represent you in any negotiations with your landlord. If your landlord is refusing to communicate or even worse, pursuing a lawsuit against you, a lawyer can offer expert advice in gaining the upper hand in that dispute.