A residential tenant’s right to break or terminate a lease depends on the terms of the lease agreement and some federal, state, and local laws (city codes and ordinances) that may apply in limited circumstances.
A tenant has the right to terminate the lease according to the terms of the lease—usually by providing advance notice of the tenant’s intent not to renew the lease when it expires. This notice should be provided to the landlord (or its management agent) in writing and according to the terms of the lease agreement.
A tenant may be able to terminate or break a lease early and before the end of the term of the lease:
• In certain situations involving family violence, certain sexual offenses, or stalking.
• If the leased premises are unsafe or violate health and safety codes and the landlord has not fixed the problem in a reasonable amount of time.
• If the leased premises are not livable (habitable) and the landlord has failed to make the premises habitable within a reasonable amount of time (a breach of the landlord’s implied warranty of habitability)
• If the tenant is deprived of its right to quiet enjoyment of the leased premises and the landlord has not fixed or remedied the noise, nuisance, or other problem (the landlord has breached its implied warranty or covenant of quiet enjoyment).
• If the tenant enlists in the U.S. Armed Forces; is drafted in the U.S. Armed Forces; is commissioned in the U.S. Armed Forces; is a member of the U.S. Armed Forces or Reserves on active duty or a member of the National Guard and are called to active duty for more than 30 days in response to a national emergency declared by the President and the tenant receives orders for a permanent change of station, or to deploy for 90 days or more, or are relieved or released (discharged) from active duty. See the federal Servicemembers Civil Relief Act (SCRA) located in the United States Code, beginning at 50 U.S.C. §3901 and any similar statutes in your state.
• If there is a delay in the leased premises being available for the tenant’s occupancy due to construction, repairs, a holdover tenant, or other reason (check your lease agreement for a delay of occupancy provision).
• If the sole tenant dies during the lease term an authorized representative of the tenant’s estate may be able to terminate the lease effective immediately or upon a short notice period such as 30 days.
In California, a residential tenant's right to break or terminate a lease is primarily governed by the lease agreement itself, which typically requires advance notice for non-renewal. However, there are several circumstances under which a tenant may legally terminate a lease early. These include situations involving domestic violence, sexual offenses, or stalking, where specific protections allow for lease termination. If the rental property is unsafe, violates health and safety codes, or is otherwise uninhabitable, and the landlord fails to remedy the issue in a reasonable time, the tenant may break the lease due to the landlord's breach of the implied warranty of habitability. Similarly, if the tenant's right to quiet enjoyment is violated and not addressed, this may also justify early termination. Military service members covered under the federal Servicemembers Civil Relief Act (SCRA) have the right to terminate their leases under certain conditions related to their service. Additionally, if there is a delay in the tenant's ability to occupy the premises due to construction or other issues, the lease may contain provisions for termination. Lastly, if the sole tenant passes away, an authorized representative of the tenant's estate may terminate the lease with immediate effect or within a short notice period, such as 30 days.
