Tips For Breaking a Lease When You Find a Home to Buy

Paper copy of a lease agreement with a pen, keys and floor plans on a desk

Breaking a lease in California can have legal and financial consequences, so it is important to understand your rights and obligations before taking any action. While we are not lawyers, this is our advice from a Realtor standpoint. If you are considering terminating a lease early, you may want to consult an attorney to make sure you have all of your bases covered.

You might be able to legally move out before the lease term ends in the following situations:

  • You or a family member are a victim of domestic violence or other specified crime

  • You are starting active military duty

  • The rental unit is unsafe or violates California health or safety codes

  • Your landlord harasses you or violates your privacy rights

If you have a lease early termination clause, you can break your lease early in exchange for paying a penalty such as one month’s rent. If you do not have this clause and break your lease, you will be liable for your landlord’s damages. This includes the unpaid rent until the unit is occupied by a new tenant and other costs such as advertising, showing the unit, and background and credit check fees.

Here are the steps you can follow to break a lease in California:

  • Review your lease agreement: Carefully review your lease agreement to understand the terms and conditions for breaking the lease. Typically, leases have provisions for early termination, which may require you to pay a penalty or forfeit your security deposit.

  • Give notice: If you decide to break the lease, you must give written notice to your landlord or property manager. California law requires tenants to give at least 30 days written notice before moving out unless the lease agreement specifies a longer period.

  • Try to find a replacement tenant: To mitigate your damages and avoid paying additional rent, try to find a replacement tenant to take over your lease. California law requires landlords to make reasonable efforts to re-rent the unit, but you may be responsible for paying rent until a new tenant is found.

  • Pay any outstanding rent or fees: If you owe any rent or fees, make sure to pay them before moving out. Failure to pay may result in additional fees, legal action, or damage to your credit.

  • Document the condition of the unit: Before moving out, take photos or videos of the unit to document its condition. This can help protect you from false claims of damage or unpaid rent.

  • Return the keys and provide a forwarding address: Once you have moved out, return the keys to the landlord or property manager and provide a forwarding address for any remaining correspondence.

  • Consult with an attorney: If you are facing legal or financial consequences for breaking your lease, consider consulting with an attorney to understand your rights and options.

Remember, breaking a lease can have consequences, so make sure to carefully consider your options before taking any action.

.Cecilie Korst////