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As a landlord in California, you have to understand all the rules and regulations that accompany the state’s landlord-tenant laws. One such law dictates when and how a person can terminate their lease or rental agreement.

Landlords must know the rules and regulations when it comes to tenants breaking a lease as it will help them protect their investment. In this article, we will cover the legally unjustifiable and justifiable reasons for early lease termination in California, so you can be properly informed of your rights as well as those of your tenants. 

Understanding Rental Agreements in the State of California

Having a comprehensive lease agreement is necessary if landlords want to have a successful rental operation. A comprehensive lease agreement should include information regarding the handling of security deposits, rent collection policies, both party’s rights and responsibilities, and more.

When a tenant signs their lease, the landlord also must make ensure that they are aware of the penalties for unjustifiably and justifiably breaking it. Your rental agreement should specify how much written notice a tenant must give you when seeking to end their periodic lease in California. Specifically, in the state of California, your tenant must give you the following notice:

• 7 days’ notice if they rent weekly
• 30 days’ notice if they rent monthly
• 60 days’ notice if the tenant rents quarterly or yearly 

Finally, a good lease agreement should include a tenant’s rights to sublet. In California, tenants generally have the right to sublet the property, but this can be subject to the terms outlined in the lease agreement. If the lease explicitly prohibits subletting or requires landlord approval, tenants must adhere to these conditions.

To request permission for subletting the rental property, the tenant typically needs to communicate formally with the landlord. This request may need to be in writing and include details such as the proposed subtenant’s information and the reason for subletting. 

Sending the subletting request via certified mail with the return receipt requested is a best practice that adds a layer of formality and documentation to the process. As a landlord, you reserve the right to approve or reject the subletting request. If tenants don’t adhere to the lease policies, you may have grounds to begin the legal California eviction process. 

Unjustified Reasons to Break a Lease in California

Certain reasons for breaking a lease are generally considered unjustified in California. These include scenarios like:

• Relocating for a new job or school
• Moving in with a partner or to be closer to family
• Upgrading or downsizing 
• Purchasing a house

While these can be valid motivations for wanting to move, breaking a lease for such reasons without proper court approval or outside predefined conditions can expose tenants to legal and financial consequences.

Justified Reasons to Break a Lease in California

As a landlord in California, you must understand the acceptable reasons for a tenant to terminate a lease early. Below, you will find some such reasons for early termination of a lease agreement:

Active Military Duty

If a tenant is called to active military duty, they have the legal right to break their lease without facing penalties based on the Servicemembers Civil Relief Act (SCRA). This specifically applies if a tenant, who is a member of the military, receives orders for a permanent change of station or deployment for at least 90 days. In such cases, tenants are required to provide written notice and a copy of their military orders to the landlord, specifying the termination date.

Domestic Violence

Tenants who are victims of domestic violence are entitled to terminate their lease early. Landlords should familiarize themselves with local resources and organizations that assist victims of domestic violence, providing tenants with information on available support services. Being responsive and understanding in these situations not only helps tenants in need but also fosters a sense of security within the rental community.

Landlord Harassment

In cases of landlord harassment, tenants have grounds for breaking the lease. To avoid such situations, landlords should establish clear and respectful communication channels with tenants. It’s essential to respect tenants’ privacy and provide reasonable notice before entering the rental property, except in cases of emergency.

Creating a professional and transparent relationship with tenants, outlining expectations clearly in the lease agreement, adhering to Fair Housing laws, and promptly addressing concerns can help prevent allegations of harassment. Implementing policies that prioritize tenant well-being and maintaining professional boundaries are key steps in preventing instances of landlord harassment.

Unit is Uninhabitable

If the rented unit becomes uninhabitable due to structural or safety issues, tenants have the right to break the lease. It’s the landlord’s responsibility to address and rectify these issues promptly.

Conducting regular maintenance inspections and promptly addressing any tenant concerns is a proactive way to prevent this situation. Landlords should promptly resolve issues such as water leaks, mold infestations, electrical problems, or other conditions that violate health and safety standards.

Staying informed about California’s habitability laws is also crucial, as compliance is a key factor in preventing lease termination based on uninhabitable conditions. Moreover, landlords should maintain open lines of communication with tenants, so they can report problems promptly, and ensure that repairs are conducted timely.

Bottom Line 

Navigating lease termination in California requires a deep understanding of both landlord and tenant rights. Having a clear rental agreement empowers landlords to establish expectations from the onset. Recognizing the justified and unjustified reasons for breaking a lease empowers landlords to make informed decisions when tenants express a desire to terminate their lease prematurely.

For further guidance or questions related to breaking a lease in California, landlords can turn to Superior West Property Management. We’re a trusted property management company in Riverside and its surrounding areas and have extensive experience working with investment property owners. Contact us today and let us assist you in managing your property effectively!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.