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Did you know that in California, most leases last six months or one year? Tenants and landlords must follow the terms of the lease agreement until the lease expiration, a date stated in the lease.
There are some exceptions for San Diego tenants, but breaking a lease in California isn't always black and white. Legally, there are only a few reasons a tenant can break a lease without facing a penalty.
Property managers and landlords should know these allowances.
Breaking a Lease in California: When Is It Allowed?
Breaking a lease in California is not always doable. In certain circumstances, tenants can break the lease early without upholding their rent obligation.
Early Lease Termination
Landlords may include an "Early Lease Termination Clause" within the original leasing agreement. The clause allows either party to terminate the lease before the official move-out date.
A property manager or landlord may choose to let the tenant leave early if they pay a fee. The penalty for breaking the lease is often paying the equivalent of two months' rent.
While this reason for breaking a lease comes with payment penalties, not all of them do.
Unlivable Unit
California lease laws overlap with tenant rights in California. Per the California Health and Safety Code, a rental unit is unlivable if it lacks:
- Working plumbing
- Working gas and heating facilities
- An electric system
- Clean buildings and grounds
- Effective weatherproofing (roof, doors, windows)
- Fire or emergency exits
- Operable deadbolt locks
- Working smoke alarms and carbon monoxide devices
Tenants have a right to these essentials. Property owners must make efficient and quick repairs if problems arise.
The tenant doesn't have to keep their part of the lease deal if the landlord violates lease terms.
Harassment From the Landlord/Property Manager
California rental agreements are not justifications for treating tenants poorly. Landlords and property managers must provide tenants with privacy.
Landlords cannot change the locks without permission from the tenant. If a landlord needs to inspect the rental unit, they need to require notice to the tenant 24 hours prior.
Other Common Conditions
One of the best property management tips is to know all of the possibilities when it comes to breaking a lease in California.
While the above three are the most common, there are other conditions that warrant an early lease termination process:
- Relocation due to active military duty
- Domestic violence, elder abuse, sexual abuse, and stalking
- Lease agreement violation
- Illegal lease terms
- Health issues from a person with a qualified condition
- Failure to provide disclosures to the tenant
Tenants may have to pay penalties if they wish to break their lease without a valid reason.
What Landlords and Property Managers Need to Know
There are a lot of rules about breaking a lease in California that landlords and property managers should know.
With the help of an experienced team like Harland Property Management, you can rest assured the latest laws will be followed.
We are committed to the Harland Difference with an unparalleled knowledge of the local San Diego area.
Not only do we provide a positive experience for landlords, but tenants are positively impacted and have no reason to break a lease early. Have more questions about leasing laws? Contact us today for answers.
