How to Get Out of a Lease Without Penalty

If you’re struggling to understand how to get out of a lease without penalty, then this guide can help you. It also includes the importance of finding legal assistance.

Read further on.

Introduction

Most tenants don’t sign a lease for a rental with the intention of breaking it. Unfortunately, though, things just happen sometimes. Maybe you have to move due to a job transfer or an illness in the family. Lots of things arise and, when they do, you need to know how to get out of your lease.

So, how can you break your lease without penalty in California?

The Lease Agreement

When you move into a rental, you sign a lease agreement. This is a contract between you and the landlord, stating the terms you agree to uphold during the term of the lease (typically one year). Throughout this time, you are to pay a set dollar amount each month. And, in return, you are able to reside at the property referenced in the lease. You are responsible for paying the set rent amount, whether you are physically living at the property or not.

You always need to make sure you read a lease thoroughly before signing. There will be other terms within the lease, as well. It should also state when the lease is up – and what can be done should you have to terminate the lease early.

If you need to break your lease, reviewing the terms of it is the best place to start.

The Agreeable Landlord

One of the easiest ways to get out of your lease is to approach your landlord – and hope you have an agreeable one. Depending on your relationship and your circumstances, you may find that your landlord is willing to work with you, perhaps allowing you to give a 30-day notice or offer you a reasonable fee as a way to buy out the rest of your lease. Whatever you discuss and agree upon, be sure to get it in writing. This will make it official in case something goes wrong. In legal terms, this document is often referred to as a “Mutual Termination of Tenancy Agreement.”

Legal Reasons To Terminate

After re-reading your lease, you may believe that you need to pay out the remainder of your lease in order to get out of it. But, that’s not always the case. There are a few instances when breaking a lease is justified in California. Below are a few of those situations.

Victims of domestic violence. If you or a family member are a victim of domestic violence, California law allows you to terminate the lease early. This includes things such as domestic abuse, sexual abuse, and the like. The landlord is authorized to see proof of the domestic violence claim, such as a copy of a restraining order, an emergency protective order, or a police report that is dated within the last 180 days.

Active military duty. If you enter into active military duty after you sign a lease, you have the right to break the lease based on federal law. This law, War and National Defense Service Members Civil Relief Act, 50 App. U.S.C.A. § § 501, allows for only those in uniformed services such as the armed forces, commissioned corps of the Public Health Service, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), and the National Guard.

Violations of California Health or Safety Codes. Your landlord is required to provide you with a safe and healthy place to reside as part of your landlord agreement. The place should be habitable and up to code. The tenant can give proper notice to the landlord of issues that need to be repaired to bring the unit up to code. If this doesn’t happen, then you would be considered “constructively evicted” and would no longer need to keep up your end of the bargain.

Landlord’s violation of privacy. If your landlord harasses you or continuously infringes upon your right to privacy, then you are eligible under California law to legally break your lease without having to pay any remaining rents.

Landlord’s Duty to Re-Rent

Sometimes you just want out of your lease without a legal reason. Under California law – specifically Cal. Civ. Code § 1951.2 – you may just be able to do so. This law states that if you have to terminate your lease early, your landlord has to make a reasonable effort to re-rent the property instead of charging you the full remaining amount. And, this law applies regardless of your reason for breaking the lease.

In the event that your landlord is able to find someone to move in, you will only be responsible for the amount that is due before the new tenant moves in.

Tenant’s Right to Sublet

In California, you are allowed to sublet your unit if you have to leave the property. Doing so will allow your rent to continue being paid – except the sublet tenant will be paying it, not you. Your landlord may have a notice in the lease agreement that prohibits subletting. If so, you will need to find an alternate solution. Or, your lease may not prohibit it, but rather require you to get your landlord’s approval before subletting.

To notify your landlord of your desire to sublet your rental, send a written notice via certified mail containing the following information:

• The terms of the sublet.
• Proposed subtenant’s name and address.
• Reason for subletting.
• Your new address.
• Copy of proposed sublease.

Seek Legal Advice

If you need to break your lease, but you aren’t sure how to go about it, talking to an attorney is a great place to start. There are legal ways to get out of a lease without penalty and knowing how to do so is something that an experienced attorney can help with.

Find a legal team that knows landlord-tenant laws and ask for a consultation. Explaining why you need to terminate your lease may open up your options. And if the attorney helps you negotiate the terms with your landlord, you can rest easy knowing that a new agreement will be drawn up protecting you.

No matter what, it helps to have a professional lead the way.