Life changes—job loss, relocation, relationship changes, health issues. Sometimes you need to break your lease. In California, you have more options than you might think, and landlords have legal obligations too.
California Law Protects You
Under California Civil Code 1951.2, landlords must make reasonable efforts to re-rent the unit (mitigate damages). They cannot simply charge you rent for the full remaining lease term while leaving the unit empty.
Legal Reasons to Break a Lease
In some situations, you can break your lease without penalty:
Uninhabitable Conditions
If the landlord fails to maintain habitable conditions (no heat, serious mold, pest infestation, no running water), you may have grounds to terminate. Document everything and give written notice first.
Landlord Harassment or Privacy Violations
Landlords must give 24-hour notice before entering. Repeated violations or harassment can justify termination.
Domestic Violence
California law allows victims of domestic violence, stalking, or sexual assault to break a lease with 30 days notice and documentation.
Active Military Duty
The Servicemembers Civil Relief Act allows active duty military to terminate leases with proper notice.
Your Options for Leaving Early
Option 1: Negotiate with Your Landlord
Often the best first step. Many landlords will work with you, especially if:
- You give plenty of notice
- The rental market is strong (easy to re-rent)
- You help find a replacement tenant
- You're willing to pay a reasonable fee
Option 2: Sublet or Assign Your Lease
Check your lease for subletting provisions. In SF:
- Subletting: You remain on the lease; a subtenant pays you
- Assignment: A new tenant takes over your lease entirely
- Many leases require landlord approval (which cannot be unreasonably withheld)
- Find your own replacement to speed up the process
Option 3: Pay to Break the Lease
Some leases have a "lease break clause" with a set fee (often 1-2 months rent). Check your lease for:
- Early termination fee amount
- Required notice period (often 30-60 days)
- Any other conditions
What Breaking a Lease Costs
Potential Costs
Remember: Landlords must make reasonable efforts to re-rent. You're only responsible for rent until a new tenant moves in.
Landlord's Duty to Mitigate
This Is Important
Under California law, landlords cannot simply leave the unit empty and charge you rent for the full remaining lease. They must:
- • Advertise the unit
- • Show it to prospective tenants
- • Accept qualified applicants
If they don't, you may not owe the full rent. Document that you gave notice and ask for evidence of their re-renting efforts.
Steps to Break Your Lease
- Review your lease — Check for early termination clauses, subletting provisions, and required notice periods
- Talk to your landlord — Explain your situation honestly and ask about options
- Give written notice — Even if you're negotiating, provide formal written notice
- Help find a replacement — Speeds up the process and reduces your costs
- Document everything — Keep copies of all communications
- Do a move-out inspection — Protect your security deposit
What NOT to Do
- Don't just disappear — You'll owe rent and damage your credit
- Don't withhold rent — Unless you have legal grounds and follow proper procedures
- Don't trash the apartment — You'll lose your deposit and possibly face charges
- Don't lie about your reasons — Be honest with your landlord
When to Get Legal Help
Consider consulting a tenant rights organization if:
- Your landlord is uncooperative or making unreasonable demands
- You're breaking the lease due to habitability issues
- You're a victim of domestic violence
- The landlord isn't mitigating damages
SF Tenant Resources
- SF Tenants Union: (415) 282-6622
- SF Rent Board: (415) 252-4602
- Housing Rights Committee: (415) 703-8644