Termination Notices For California Landlords and Tenants
Every lease agreement will specify a time period required for a tenant to give notice to the landlord of his/her intention to renew the lease.
Before we get into the time frames necessary to provide notice in California it’s important to point out a distinction in California residential leases.
California law includes an automatic extension clause for leases. If a tenant fails to give proper notice of their intent to renew, they are required to pay the next month’s rent. This obligation does not apply if the property is rented to a new tenant.
Landlord's notice to end a periodic tenancy
A tenancy without a fixed end date, such as month-to-month, is considered a periodic tenancy. When your property is leased on a periodic basis the landlord must provide either 30 or 60 days notice to the tenant of the intent to terminate the tenancy.
- 60-Day Notice: Required if all tenants have resided in the unit for a year or more.
- 30-Day Notice: Applicable if tenants have lived in the unit for less than a year.
In addition, the 30 days’ written notice is available to landlords who have contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
There are some other requirements of the landlord in the property sale scenario, so make sure to review California Civil Code §1946.1 for all of the specifications.
Tenant's notice to end a tenancy
Tenants must provide notice of their intent to vacate the premises in an amount of time equal to the number of days between rent payments. For a step-by-step overview of tenant responsibilities when moving out, refer to this California move-out process guide.
As stated previously, a tenant must provide proper written notice of their intent to vacate the leased premises in order to avoid triggering the automatic extension clause in a California lease. Tenants must provide notice of their intent to vacate the premises in an amount of time equal to the number of days between rent payments.
So, whether the lease is a lease with a fixed end date or is a month-to-month lease, if a tenant pays rent every 30 days then they are required to provide 30 days’ written notice. It behooves the landlord to make sure the tenant understands this important requirement when signing the lease.
Valid Legal Grounds for Tenants to Break a Lease in California
Early termination clause (if applicable in lease agreement)
The tenant has the right to terminate the tenancy early.
If a tenant is the victim of domestic violence, sexual assault, or stalking, they have the right to end the tenancy early.
The notice to end the tenancy must be in writing and must include a copy of a temporary restraining order, emergency protective order, or protective order lawfully issued that protects the tenant from further abuse, or police report dated within the last 60 days.
The tenant is responsible for the payment of rent for 30 days following the notice to terminate.
Violations of health and safety codes
California law mandates that landlords provide habitable living conditions, adhering to health and safety standards.
If a rental unit fails to meet these standards (lacking essential utilities, having pest infestations, or structural hazards), the tenant may have grounds to terminate the lease. Before doing so, tenants must notify the landlord of the issues and allow a reasonable period for repairs.
For a comprehensive understanding of utilities responsibilities in California leases, review this guide on utilities in California leases.
Active military duty
Under the Servicemembers Civil Relief Act (SCRA), tenants who enter active military service or receive orders for a permanent change of station or deployment for at least 90 days can terminate their lease early.
The tenant must provide written notice to the landlord, along with a copy of the military orders. The lease termination becomes effective 30 days after the next rent payment is due.
Landlord harassment or privacy violations
Tenants have the right to privacy and peaceful enjoyment of their rental units. Landlords must provide reasonable notice, typically 24 hours before entering the property, except in emergencies.
Repeated unauthorized entries, harassment, or actions such as changing locks or shutting off utilities without cause can be considered violations. In such cases, tenants may have legal grounds to terminate the lease due to the landlord's breach of the covenant of quiet enjoyment.
Victims of domestic violence, stalking, sexual abuse, or elder abuse
California law provides protections for tenants who are victims of domestic violence, stalking, sexual assault, or elder abuse (Civil Code section 1946.7).
Such tenants can terminate their lease early without owing additional rent by providing the landlord with written notice and documentation, such as a restraining order or police report, within 180 days of the incident. The lease termination is effective 30 days after the notice is given, and the tenant is responsible for rent during this period.
Court-approved conditions for lease termination
In certain situations, a court may approve lease termination. For instance, if a tenant faces unforeseen circumstances like a sudden disability that makes the unit uninhabitable or if the landlord violates the lease terms significantly, a court may grant permission to terminate the lease without penalty.
In such cases, tenants should seek legal counsel, such as a local landlord-tenant attorney, to navigate these situations appropriately.
How Tenants Can Minimize Financial Responsibility Or Penalties
Here are some proactive steps for tenants to reduce their financial liability when considering early lease termination:
- Review the Lease Agreement: Examine the lease for any early termination clauses outlining penalties and notice requirements. Understanding these terms can help in negotiating with the landlord.
- Negotiate with the Landlord: Openly discuss the situation with the landlord. Some landlords may agree to a mutual termination, especially if the tenant assists in finding a replacement.
- Document All Communications: Keep detailed records of all interactions with the landlord, including notices and agreements. This documentation can be vital if disputes arise.
- Seek Legal Advice: Consulting with a legal professional can provide clarity on rights and obligations, ensuring informed decisions and compliance with California laws.
Landlord’s Responsibilities When a Lease is Broken
Landlord’s duty to mitigate damages (re-renting the unit to reduce tenant liability)
Under California law, landlords are obligated to make reasonable efforts to re-rent a unit after a tenant vacates before the lease term ends. This duty to mitigate damages is outlined in California Civil Code Section 1951.2, which states that landlords must act in good faith to mitigate damages and cannot simply hold tenants responsible for the remaining rent without attempting to re-lease the property.
To fulfill this duty, landlords should:
- Advertise the Property: List the unit through various channels, such as online rental platforms, local newspapers, and community bulletin boards.
- Set Competitive Rent: Offer the unit at a fair market rate to attract potential tenants promptly.
- Show the Unit: Be available to show the property to prospective tenants and respond promptly to inquiries.
- Screen Applicants: Conduct standard background and credit checks to ensure the suitability of new tenants.
In cases where tenants leave belongings behind, landlords must follow the California abandoned personal property guidelines for proper handling.
What happens if the landlord fails to mitigate damages?
If a landlord does not make reasonable efforts to re-rent the unit, they may forfeit the right to claim unpaid rent from the tenant who broke the lease. Courts may determine that the landlord's inaction contributed to the financial loss, thereby reducing or eliminating the tenant's liability.
Tips For Landlords To Prevent Early Lease Termination
Early lease terminations can pose significant challenges for landlords, leading to unexpected vacancies and financial losses. To mitigate these risks, landlords can implement several proactive strategies:
Clear and Detailed Lease Agreements
Drafting explicit lease agreements that outline tenant responsibilities, lease duration, and penalties for early termination sets clear expectations. Including an early termination clause specifying notice periods and associated fees can deter premature departures.
Regular Property Maintenance
Maintaining the property in excellent condition enhances tenant satisfaction. Promptly addressing maintenance issues and ensuring compliance with health and safety standards can reduce tenant turnover.
Open Communication Channels
Establishing and maintaining open lines of communication fosters a positive landlord-tenant relationship. Encouraging tenants to voice concerns and addressing them promptly can prevent issues that might lead to early termination.
Implementing Early Termination Fees
Including a reasonable early termination fee in the lease agreement can discourage tenants from breaking the lease prematurely. This fee should reflect actual costs incurred due to early termination.
Provide a Tenant Resource Guide
Develop a guide with useful resources such as contact information for utilities, local amenities, school options, and transportation tips. When tenants feel well-supported, especially if they’re new to the area, they’re less likely to consider breaking the lease.
Allow Reasonable Personalization of the Space
Allowing tenants to make minor, approved changes (like painting accent walls or installing shelving) can help them feel more invested in the space. A personalized home can increase tenant satisfaction and reduce the desire to leave early.
Bottom Line
Breaking a lease in California can be complex, but understanding the rules can help tenants avoid unnecessary penalties.
Valid reasons like health and safety violations, landlord harassment, military duty, or domestic violence provide tenants with legal grounds for early lease termination. However, without legal grounds, tenants may face financial responsibilities, including early termination fees and rent liabilities until the unit is re-rented.
