Life happens. Job changes, family emergencies, health issues—sometimes you need to leave before your lease is up. The good news: California law limits how much you can owe, and you have several legal options.
Legal Reasons to Break a Lease
In certain situations, you can break your lease without penalty:
Protected Reasons
- Uninhabitable conditions — Landlord fails to maintain habitable living conditions (no heat, water, severe pest issues, etc.)
- Landlord harassment — Illegal entry, shutting off utilities, threats
- Domestic violence — Victims can terminate with 14 days notice and documentation
- Active military duty — SCRA protects service members called to active duty
- Health/safety issues — Unit poses documented risk to health
California's Mitigation Requirement
Even if you don't have a protected reason, California law is on your side. Landlords must mitigate damages—they must make reasonable efforts to re-rent the unit. They cannot just sit back and collect rent from you for months.
This means if you break your lease with 6 months remaining and the landlord re-rents in 2 months, you're only liable for 2 months of rent, not 6.
Your Options
1. Negotiate with Your Landlord
Often the best approach. Ask your landlord directly about early termination.
- Offer to find your own replacement tenant
- Propose forfeiting the security deposit
- Ask for mutual termination agreement in writing
Many landlords prefer a cooperative exit over the hassle of unpaid rent and legal action.
2. Sublet or Assign the Lease
Check if your lease allows subletting. Even if it doesn't explicitly allow it, California law says landlords cannot unreasonably refuse a subtenant for RSO units.
- Sublet: You remain responsible; new tenant pays you
- Assignment: New tenant takes over your lease entirely
3. Find a Replacement Tenant
Even if subletting isn't allowed, you can help the landlord re-rent:
- Advertise the unit yourself (with landlord's permission)
- Screen potential tenants
- Make the landlord's job easier
4. Just Leave (With Proper Notice)
If you can't negotiate, you can leave with proper notice. Your liability is limited:
- Give written notice
- Pay rent through the notice period
- Leave the unit clean and undamaged
- Landlord must try to re-rent
- You're only liable for actual losses (rent until unit is re-rented)
Potential Costs
What You Might Owe
Until landlord finds new tenant (with reasonable effort)
Reasonable costs to find new tenant
May be applied to unpaid rent or damages
What NOT to Do
Avoid These Mistakes
- Don't just disappear — Always give written notice
- Don't stop paying rent — This hurts your case and credit
- Don't damage the unit — Increases your liability
- Don't ignore landlord communication — Respond professionally
Step-by-Step Process
- Review your lease — Check for early termination clauses
- Document your reason — If protected (habitability, harassment, etc.)
- Contact landlord in writing — Request to negotiate
- Propose solutions — Sublet, replacement tenant, buyout
- Give proper notice — 30 days minimum, in writing
- Leave the unit clean — Take photos
- Get agreement in writing — Whatever you negotiate
- Follow up on deposit — Due within 21 days
Resources
If you need help:
- LA Housing Department: (866) 557-7368
- Bet Tzedek Legal Services: Free legal help for tenants
- Housing Rights Center: Tenant counseling