Of course, any new tenants should be required to go through the screening process and held to the same standard as the original tenant. It is not advised to allow the tenant to find a sublet to stay in the property through the duration of the lease.
Regardless of the reason for early termination, it is the landlord’s responsibility and obligation to find a new tenant. In this context, “mitigating damages” refers to finding a new tenant now that your current renter has vacated the property. However, you are legally obligated to actively search for new tenants. In these situations, tenants are usually responsible for the remaining rent payments through the duration of the lease when the property remains vacant. Additionally, tenants will be frustrated if they are denied an early termination and may be more likely to take less care of the property or leave damage. Similarly to a loss of employment, granting early termination in these situations can be more time and cost-effective than evicting tenants. Consider charging a reasonable early termination fee to cover your losses and allowing the tenant to break the lease.ĭivorce, Illness, Job Transfer: Unexpected events and emergencies such as a serious illness, a divorce, or a mandatory job transfer can be common reasons for an early termination request. Loss of Employment: If the tenant no longer has sufficient income to pay rent, granting an early termination request may be a simpler option compared to carrying out the eviction process. There are other instances where early termination may be the most convenient course of action for both you and the tenant, such as: In these scenarios, you may not have any options to reject an early termination or charge an early termination fee. The tenant will then face no rent obligations after 14 days following the early termination notice. They also are required to provide a formal written complaint of privacy violation beforehand.ĭomestic Violence: With the proper paperwork, victims of domestic violence, stalking, abuse, or sexual assault may break a lease early. Tenants may be able to terminate a lease early if privacy rights are violated repeatedly. Intrusion of Privacy: In protection of tenant privacy, California Law requires landlords to give 24 hours notice before entering a rental property. To avoid this situation, maintain timely upkeep with your property and keep detailed records of the property status and all repair work. This usually only occurs after major property issues or damage goes without repair, such as electric, gas, or plumbing problems, leaks in the roof or walls, or serious health hazards. Uninhabitable Rental Property: If a California rental property does not meet the state’s housing codes or is considered “uninhabitable”, the tenant may legally break the lease with no further rent obligations. Under these circumstances, tenants must give 30 days notice of early termination, and are thereafter not responsible for rent payments. This law applies to duties in the National Guard, Public Health Service, NOAA corps, and armed forces that are more than 50 miles away. These include:Īctive Military Duty: The War and National Service Members Civil Relief Act allows tenants to break their lease early if they are entering active military duty in a variety of services. Under California Law, there are a few situations in which tenants can formally break a lease with no further rent obligations following the notice period. The reason for an early termination can affect your legal options as a landlord and determine how you should handle the situation. Although they have signed a binding contract to pay rent until the move-out date, there are a variety of situations that allow tenants to break a lease early. Whether you’re dealing with that now, or just unsure of what to do should that arise, it’s always smart to be prepared for these unexpected events. There may come a time when one of your tenants requests early termination.
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