Breaking a Lease in California: Tenant Rights and Landlord Options

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • A tenant entering active military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders.
  • A survivor of domestic violence, sexual assault, stalking or similar abuse can end a lease with 14 days of written notice and qualifying documentation.
  • If the landlord does not fix conditions that make the home unlivable within a reasonable time after notice, the tenant may move out and is released from further rent.
  • When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit and can recover only the rent lost despite those efforts.
  • A tenant on a month-to-month agreement gives at least 30 days of written notice; a landlord gives 30 or 60 days depending on how long the tenant has lived there.

A California tenant who leaves early usually stays responsible for rent until the unit is re-rented, but the landlord has to make a real effort to find a new tenant. Several groups, including service members and survivors of abuse, can end a lease early with proper written notice.

California breaking a lease at a glance

RuleCaliforniaLaw
Military serviceA tenant entering active military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders.Servicemembers Civil Relief Act (50 U.S.C. 3955)
Domestic violence survivorsA survivor of domestic violence, sexual assault, stalking or similar abuse can end a lease with 14 days of written notice and qualifying documentation.Civil Code section 1946.7
Unlivable conditionsIf the landlord does not fix conditions that make the home unlivable within a reasonable time after notice, the tenant may move out and is released from further rent.Civil Code section 1942
Landlord duty to re-rentWhen a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit and can recover only the rent lost despite those efforts.Civil Code section 1951.2
Month-to-month noticeA tenant on a month-to-month agreement gives at least 30 days of written notice; a landlord gives 30 or 60 days depending on how long the tenant has lived there.Civil Code sections 1946 and 1946.1

Reasons that allow an early exit

A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.

Military service. A tenant entering active military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955))

Domestic violence survivors. A survivor of domestic violence, sexual assault, stalking or similar abuse can end a lease with 14 days of written notice and qualifying documentation. (Civil Code section 1946.7)

Unlivable conditions

Unlivable conditions. If the landlord does not fix conditions that make the home unlivable within a reasonable time after notice, the tenant may move out and is released from further rent. (Civil Code section 1942)

What the tenant may still owe

Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.

Landlord duty to re-rent. When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit and can recover only the rent lost despite those efforts. (Civil Code section 1951.2)

Month-to-month tenancies

Month-to-month notice. A tenant on a month-to-month agreement gives at least 30 days of written notice; a landlord gives 30 or 60 days depending on how long the tenant has lived there. (Civil Code sections 1946 and 1946.1)

Mistakes to avoid

  • Billing the tenant for every remaining month without trying to re-rent the unit.
  • Ignoring a protected early termination notice because it is inconvenient.
  • Agreeing to an early exit by phone without a written agreement.
  • Keeping more of the deposit than the lawful deductions.
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Verify current law

We last checked these California rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a California attorney about your situation.

Laws named on this page

  • Servicemembers Civil Relief Act (50 U.S.C. 3955)
  • Civil Code section 1946.7
  • Civil Code section 1942
  • Civil Code section 1951.2
  • Civil Code sections 1946 and 1946.1

Official sources

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Can a service member break a lease in California?

A tenant entering active military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. Source: Servicemembers Civil Relief Act (50 U.S.C. 3955).

Can a survivor of abuse end a lease early in California?

A survivor of domestic violence, sexual assault, stalking or similar abuse can end a lease with 14 days of written notice and qualifying documentation. Source: Civil Code section 1946.7.

Does a California landlord have to re-rent the unit?

When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit and can recover only the rent lost despite those efforts. Source: Civil Code section 1951.2.

How much notice ends a month-to-month tenancy in California?

A tenant on a month-to-month agreement gives at least 30 days of written notice; a landlord gives 30 or 60 days depending on how long the tenant has lived there. Source: Civil Code sections 1946 and 1946.1.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.