{"id":2013,"date":"2021-09-28T15:23:47","date_gmt":"2021-09-28T22:23:47","guid":{"rendered":"https:\/\/samlaw.net\/?p=2013"},"modified":"2022-04-13T06:24:10","modified_gmt":"2022-04-13T13:24:10","slug":"do-renters-have-the-right-to-break-a-lease-in-california","status":"publish","type":"post","link":"https:\/\/samlaw.net\/san-francisco-landlord-tenant-litigation\/do-renters-have-the-right-to-break-a-lease-in-california\/","title":{"rendered":"Do Renters Have the Right to Break a Lease in California?"},"content":{"rendered":"
Unless a tenant has legal grounds to break an unexpired fixed-term lease, the tenant would normally be liable for substantial damages. Depending on the language of the lease, Civil Code Section 1951.2 or 1951.4 <\/a>will determine the amount of those penalties. Federal, state, and local laws may sometimes give tenants valid grounds for breaking a lease. In this article, we’ll discuss a few examples of when a tenant may have the right to break a lease before the lease term ends.<\/p>\n Under the servicemembers civil relief act, and state law, a tenant who enters active military service may have legal reason to break a lease. The tenant must enter active military duty after signing a lease or be redeployed for a period of not less than 90 days. In these instances, the service member may have the right to break a lease without further responsibility for monthly rent.<\/p>\n In California, this includes any of the following types of military personnel:<\/p>\n The tenant must provide the landlord written notice of termination for military reasons. To break a lease for military reasons, tenants must follow proper notice requirements. To qualify, tenants must provide the following information:<\/p>\n Once the tenant delivers the notice, the lease will terminate thirty days after the next rental due date. To illustrate: The tenant delivers notice on March 23rd. The rent is due on the first of each month. The rent is still due for the following month of April. The earliest date the lease can terminate is May 1st.<\/p>\n California residential landlords must provide habitable housing that meets local and state housing codes. If a rental unit violates California\u2019s minimum health or safety codes, tenants may have a right to break a lease under constructive eviction. When landlords provide unlivable housing, it may well reduce or suspend a tenant\u2019s rental obligations.<\/p>\n Moreover, under Civil Code Section 1942, the tenant may have the right to terminate if the landlord fails to make necessary repairs within a reasonable time period. However, both landlords and tenants<\/em><\/a> have responsibilities. California law outlines specific procedures tenants must follow before moving out due to a repair problem.<\/p>\n In order to be considered a legal dwelling, a unit must satisfy building and safety codes, and the city must issue a certificate of occupancy. For example, converted garage areas, attached rooms, and areas previously used for other purposes may not be legal if they don’t meet building codes.\u00a0If the dwelling unit is illegal, the rental agreement is normally void, no rent is owed, and the tenant can leave at any time.<\/p>\n California Civil Code Section 1954 only allows a landlord to enter the unit after giving proper notice. However, this is only for one of the limited reasons specified in that law (such as to make necessary or agreed upon repairs).\u00a0If a landlord continually violates a tenant\u2019s privacy under that law, or engages in other substantial violations of the tenant\u2019s quiet enjoyment rights, the tenant may have the right to legally break the lease.<\/p>\n Similarly, it is illegal for landlords to harass tenants. Actions such as shutting off electricity, changing locks, or removing doors may well be considered \u201cconstructively evicting\u201d a tenant. In these types of situations, if the tenant leaves within a reasonable period after the misconduct occurs, the tenant will not owe rent accruing after the tenant moves out.<\/p>\nActive Military<\/strong>\u00a0Service<\/strong><\/h2>\n
What Type of Service Qualifies?<\/h3>\n
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Proper Notice Requirements<\/h3>\n
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Unsafe or Unhealthy Conditions<\/strong><\/h2>\n
Illegal Dwelling Units<\/strong><\/h2>\n
Privacy Violations<\/strong><\/h2>\n
Harassment<\/strong><\/h2>\n
Victims of Abuse<\/strong><\/h2>\n