Lease Terms FAQ

Breaking a lease early in California can result in financial liability for unpaid rent, but California law limits landlord damages through the duty to mitigate. Under California Civil Code Section 1951.2, when a tenant breaks a lease, the landlord cannot simply collect the full remaining rent without making reasonable efforts to re-rent the unit.

The landlord must actively advertise and show the property to prospective tenants at a fair market rental rate. If the landlord finds a new tenant, your liability ends when that tenant takes possession.

Your potential liability includes:

• Rent until a new tenant moves in or the lease expires, whichever comes first
• The difference if the new rent is lower than your lease rate
• Reasonable costs of re-renting such as advertising and cleaning
• Any other damages caused by your early departure

However, you cannot be held responsible for rent the landlord could have avoided losing through reasonable mitigation efforts. Document your unit's condition when you leave and request updates on re-renting efforts. Some landlords may agree to accept a lease termination fee in exchange for releasing you from the lease.

Whether you can sublet your California apartment without landlord permission depends on your lease terms. California Civil Code Section 1995.230 provides that if your lease does not address subletting, you have the right to sublet without requiring landlord consent. However, most written leases contain clauses requiring landlord approval before subletting.

When approval is required, your landlord must act reasonably in deciding whether to approve a sublet request. Under Civil Code Section 1995.260, a landlord cannot unreasonably withhold consent to a sublet if the proposed subtenant is financially qualified and agrees to the lease terms.

Landlords may legally deny sublet requests if:

• The proposed subtenant has poor credit or rental history
• The subtenant refuses to complete a rental application
• The subtenant intends to use the unit for an illegal purpose
• The sublet would result in overcrowding beyond the unit's capacity

If your landlord unreasonably refuses to allow a sublet, you may have grounds to break your lease without penalty. San Francisco has particularly strong sublet protections requiring landlords to allow tenants to replace departing roommates under certain conditions.

California law provides several legal justifications for tenants to break a lease without penalty:

• Active military duty: The federal Servicemembers Civil Relief Act allows military members to terminate leases after receiving deployment or permanent change of station orders.
• Domestic violence, stalking, or sexual assault: Under Civil Code Section 1946.7, victims can terminate by providing written notice and documentation.
• Uninhabitable conditions: If the landlord fails to make repairs after proper notice under Civil Code Section 1942, tenants may vacate.
• Landlord harassment or illegal entry: Violations of Civil Code Section 1954 that substantially interfere with your tenancy may justify termination.
• Significant landlord breach: Failure to provide disclosed amenities or honor lease terms.
• Senior or disabled tenants: May have rights to terminate if moving to a care facility.
• Natural disasters or government closures: May release you from lease obligations.

Always document the conditions justifying your departure and provide written notice to your landlord.

The notice required to end your lease in California depends on your tenancy type:

Fixed-term leases: You generally do not need to give notice if you plan to move out when the lease expires on its stated end date. However, review your lease for automatic renewal clauses that may require notice to prevent conversion to a month-to-month tenancy.

Month-to-month tenancies: California Civil Code Section 1946 requires tenants to provide at least 30 days written notice before moving out. The notice period begins when the landlord receives your notice and must end on the last day of a rental period.

For example, if you pay rent on the first of the month and give notice on June 15, your notice period runs until July 15, and you would owe prorated rent through that date.

Delivery methods:

• Certified mail with return receipt
• Email with delivery confirmation (if lease allows)
• Hand delivery with signed acknowledgment

Some local ordinances or lease terms may require longer notice periods, so check both your lease and applicable local laws.

California landlords have the right to approve or deny requests to add roommates, but they must exercise this right reasonably and in compliance with fair housing laws. Most leases contain occupancy clauses requiring landlord approval before adding new occupants.

When you request to add a roommate, the landlord may require:

• The proposed roommate to complete an application
• Credit and background checks
• The same qualification standards applied to all tenants

Landlords cannot discriminate based on:

• Race, religion, or national origin
• Sex, sexual orientation, or gender identity
• Familial status or disability
• Source of income
• Other protected characteristics under FEHA

Local ordinances may provide additional protections. San Francisco's rent ordinance is particularly tenant-friendly regarding roommates. Reasonable occupancy limits based on square footage (generally two persons per bedroom plus one) are permissible. If your landlord unreasonably refuses a qualified roommate, file a complaint with the California Department of Fair Employment and Housing.

California law renders numerous lease clauses void and unenforceable, even if you signed agreeing to them. Under Civil Code Section 1953, landlords cannot enforce clauses that:

• Waive the tenant's rights under California tenant protection laws
• Limit landlord liability for injuries caused by landlord negligence
• Require the tenant to pay attorney fees regardless of who prevails
• Waive the implied warranty of habitability

Other unenforceable provisions include:

• Clauses requiring tenants to waive jury trial rights in eviction proceedings
• Excessive late fees beyond reasonable estimates of actual damages
• Clauses requiring tenants to pay for routine landlord maintenance
• Automatic renewal clauses that do not comply with notice requirements
• Clauses requiring tenants to waive relocation assistance under AB 1482
• Provisions exempting landlords from fair housing obligations
• Entry clauses allowing access without proper notice
• Security deposit terms exceeding legal limits or claiming deposits are non-refundable

These provisions are simply unenforceable. Landlords who attempt to enforce void clauses may be liable for damages and attorney fees.

Properly terminating your California tenancy requires following specific procedures to protect yourself from continued liability.

Your notice should include:

• The date of the notice
• Your name and the rental address
• A clear statement that you are terminating your tenancy
• The date you will vacate the premises
• Your forwarding address for security deposit return
• Your signature

For month-to-month tenancies, provide at least 30 days notice under Civil Code Section 1946. Calculate the end date carefully since notice begins when the landlord receives it, not when you send it.

Delivery methods that create proof:

• Certified mail with return receipt
• Personal delivery with signed acknowledgment
• Email if your lease specifically allows electronic notice

After giving notice, fulfill your remaining obligations: pay rent through your notice period, maintain the unit, allow reasonable access for showings, and remove all belongings by the termination date. Document the unit's condition with photos when you leave.

If your California landlord wants to terminate your lease early, your options depend on the reason for termination and whether your property is covered by just cause eviction protections.

Fixed-term leases: Landlords generally cannot terminate before the lease expires unless you have violated the lease terms and received proper notice to cure or quit.

Under AB 1482 just cause protections:

• At-fault causes require landlords to give you notice and opportunity to cure most violations before proceeding with eviction
• No-fault terminations (owner move-in, substantial renovation, withdrawal from rental market) require relocation assistance equal to one month's rent

Buyout offers: If your landlord offers a buyout to leave early, you have the right to negotiate. Under Civil Code Section 1946.2, buyout offers must be made in writing and include notice of your right to consult an attorney and rescind acceptance within 30 days. You are never required to accept a buyout.

If you believe the termination is improper, consult with a tenant rights organization or attorney before vacating, as you may have defenses to any eviction action.

Transferring your lease to another person, known as lease assignment, is possible in California but typically requires landlord consent.

Assignment vs. Subletting:

• Assignment: You transfer all rights and obligations to the new tenant and remove yourself from the lease entirely
• Subletting: You remain the primary tenant with the subtenant owing obligations to you

Most leases require written landlord approval for assignments. Civil Code Section 1995.230 states that if your lease is silent on assignment, you may assign without consent. However, if your lease prohibits assignment or requires approval, you must obtain the landlord's agreement.

Reasonable grounds for denial include:

• Poor credit history or insufficient income
• Prior evictions
• Refusal to complete the application process
• Incompatible use of the premises

Landlords may charge a reasonable processing fee but cannot use fees to discourage assignments. In rent-controlled jurisdictions, assignment rights may be more robust. Always request approval in writing and keep documentation.

When a rental property is sold in California, your existing lease remains in effect and binding on the new owner. Under general property law principles, leases run with the land, meaning the new landlord steps into the shoes of the previous landlord and must honor all terms of your lease agreement.

Your protections include:

• Your rent cannot be increased except as permitted by your lease and rent control laws
• Your security deposit transfers to the new owner who becomes responsible for returning it
• All lease terms including amenities, parking, and other provisions remain enforceable

Under AB 1482: If your property is covered by just cause protections, the new owner cannot simply terminate your tenancy to move in or renovate without following proper procedures and providing relocation assistance. Owner move-in evictions require good faith intent to occupy the unit as a primary residence for at least 36 months.

The new owner must provide written notice of the ownership change, including their name and address for rent payment. Request documentation of the sale and confirm where to send rent payments. You have the same rights and protections with the new landlord as with the previous one.