How to Break a Rental Lease in California

You can legally break a signed lease for a number of reasons.

Renters often find themselves needing to break a lease for a variety of reasons. Whether a new job demands relocating or a relationship comes to an end and the tenants no longer desire to live together, there are different ways of moving out of an apartment or house before the rental contract has expired.

Depending on the landlord, your relationship with him and the circumstances, there are a few different ways to go about breaking the lease.

Things You'll Need

• Copy of Your Lease

Instructions

1. Read your contract thoroughly so you understand the limits and conditions of your rental agreement. Some landlords require a 30-day notice depending on the terms and conditions of the lease, others may state that your lease automatically extends a second year unless you notify them otherwise. You may be legally allowed to break your lease if the landlord fails to keep the apartment or house in good repair. You have to be clear about how you're breaking your lease before you approach your landlord.

2. Talk to your landlord. To your surprise, your landlord may not hassle you and simply let you out of your lease. Call him on the phone, ask if you may be let out without penalty. If he says yes, he'll draw up the final papers ending your obligation to pay rent. If he asks you to put it in writing before he'll agree to it, do so, and submit it to him to as soon as possible. Once both of you sign it, be sure to keep a copy to avoid the possibility of the landlord claiming you owe more money. If you just go ahead and move out without the proper paperwork, even if you have a legitimate reason, you are still under obligation of the contract to pay the monthly rent.

3. Find a legal reason that allows you to exit your signed lease contract, if you anticipate your landlord giving you a hard time. a Locate any uninhabitable conditions in your building that can include noisy neighbors, criminal activity taking place in your building, any infestation of unwanted pests such as rats, insects or any other animals, incarceration, or the death or insanity of another tenant. If you look hard enough, you should be able to make a case for breaking the lease, even if it isn't your specific reason for moving.

References

• California Tenant Law