Rights for a Landlord When Tenants Want to Break a Home Lease in California
The California Civil Code contains the state's landlord and tenant laws. Although California law allows landlords to use written or oral leases, landlords who enter into oral agreements with their tenants are subject to different laws regarding tenants rights to terminate their leases. Oral lease tenants can typically terminate their agreements by providing a 30-day written notice of termination. Landlords can sue their tenants for unpaid rent if they illegally terminate their leases before the end of their lease terms.
Overview
California law allows tenants to terminate their leases with written notice if they have month-to-month tenancies. Month-to-month tenants can terminate their leases by giving their landlord notice to terminate at least 30 days in advance of moving out. Tenants with longer lease agreements can terminate their leases if their leases allow early termination. If their leases allow for early termination, they must comply with the notice provisions set forth in their leases.
Landlords' Rights to Damages for Early Termination
California landlords can sue their tenants for wrongfully terminating their leases and moving out without adequate written notice. Tenants may be responsible for any remaining rent payment due under their leases, may lose their rights to their security deposits and may have to pay their landlords legal fees if their landlords sue them and obtain judgment in their favor. Landlords can charge their tenants security deposits of up to two month's rent. California law allows landlords to deduct from their tenants' security deposits to cover unpaid rent for illegally terminating their leases. Landlords can also recover fees from their tenants if they incurred storage costs to store their tenants' abandoned property.
Duty to Mitigate Damages
Landlords are required to mitigate their damages by attempting to re-rent their apartments if their tenants prematurely terminate their leases. After providing at least 15 days' written notice to a tenant's last known address, landlords can reclaim their rentals and sue for damages. California law allows landlords to charge their tenants for costs incurred to advertise their homes and for the loss of rent during vacancy.
Tenants' Rights to Early Termination
California law allows tenants to move out if their landlords breach their duties to provide habitable housing, discriminate against them or interfere with their rights to privacy. Generally, California landlords must provide necessary repairs and housing free of pests and known dangers. Landlords are also required to respect their tenants' privacy and, except for emergencies, cannot enter their tenants' homes without prior notice and consent. Typically, landlords must provide their tenants with a written notice including the date and time of their proposed entry and can only enter on weekdays, between 8 a.m. and 5 p.m.
Tenants' Rights to Terminate With Notice
Tenants have a right to terminate their leases if their landlords fail to provide livable housing conditions that seriously interfere with their health or safety. Examples of seriously detrimental living conditions include failing to remedy toxic mold in apartments, failing to provide deadbolts or failing to comply with local housing codes. Tenants can abandon their homes if their landlords do not allow early termination. If they abandon their homes or terminate their property without cause, their landlords can sue them for damages, including unpaid rent, property damage, court costs, advertising expenses and attorneys' fees. Federal law allows military tenants to terminate their leases if they are called to active duty or transferred. California law also allows victims of domestic violence and family members who live with domestic violence victims to terminate their leases before they expire by providing a 30-day written termination notice.
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