What is the process for breaking a rental agreement?
The process for breaking a rental agreement in California depends on the type of agreement. In circumstances in which a fixed-term lease was signed, the tenant must wait until the lease terminates, without any additional notice. A month-to-month agreement requires that the tenant provide the landlord with a 30-day notice that they will be vacating the property. The tenant should provide the notice in writing and keep a copy for their own records. For leases with a provision for early termination, the tenant must follow the requirements specified in the agreement. In some cases, this may include giving the landlord a certain amount of notice and paying a penalty fee. If the tenant fails to comply with the terms of the lease, they could be liable for any damages caused by their early termination. If the tenant is breaching a lease due to a landlord’s violation of health and safety laws, they may be able to terminate the agreement without cause. In this case, the tenant must provide the landlord with a written notice of the breach, as well as a request to remedy the violation within a certain period of time. If the landlord fails to do so, the tenant may be able to move out without requiring the landlord’s consent or paying a penalty. Regardless of the circumstances, tenants should always contact a lawyer before taking any action to terminate a rental agreement. They may also be able to get assistance from their local housing authority.
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