🌴 California Lease Termination Laws
Complete Guide to Notice Requirements, Just Cause Eviction, Early Termination Rights & Legal Procedures for California Landlords and Tenants
📑 What’s Covered in This Guide
California Lease Termination Laws Overview
California has some of the most comprehensive tenant protection laws in the United States, including strict requirements for how and when landlords can terminate rental agreements. The state’s lease termination laws are primarily governed by the California Civil Code, with additional protections added by the Tenant Protection Act of 2019 (AB 1482), which introduced statewide just cause eviction requirements and rent caps for covered properties.
Understanding California lease termination laws is essential for both landlords and tenants. Landlords must follow precise procedures and provide specific notices to legally end a tenancy, while tenants benefit from knowing their rights and the protections available to them. Failure to comply with these requirements can result in dismissed eviction cases, legal liability, and significant financial consequences.
California distinguishes between different types of tenancies and termination scenarios, each with its own rules. The primary categories include termination of month-to-month tenancies, non-renewal of fixed-term leases, termination for cause (such as non-payment or lease violations), and no-fault terminations where the tenant has done nothing wrong but the landlord needs to recover the property for legitimate reasons.
📜 Key California Statutes
California Civil Code § 1946 – Notice requirements for periodic tenancies
California Civil Code § 1946.2 – Just cause eviction requirements (AB 1482)
California Civil Code § 1942.5 – Retaliatory eviction protections
California Civil Code § 1951.2 – Landlord’s remedies for breach
California Code of Civil Procedure § 1161 – Unlawful detainer (eviction) procedures
🔑 Key Concepts in California Lease Termination
Just Cause Eviction: Under AB 1482, landlords of covered properties cannot terminate tenancies of 12+ months without a legally recognized reason. This applies to most residential properties where the building is at least 15 years old, with certain exemptions for single-family homes and owner-occupied properties.
At-Fault vs. No-Fault Termination: California law distinguishes between terminations where the tenant is at fault (non-payment, lease violations, illegal activity) and no-fault terminations (owner move-in, substantial renovation, withdrawal from rental market). No-fault terminations require relocation assistance equal to one month’s rent.
Notice Periods: The required notice period depends on how long the tenant has lived in the unit. Tenants who have occupied the property for less than one year require 30 days notice, while those who have lived there for one year or longer require 60 days notice.
Local Ordinances: Many California cities, including Los Angeles, San Francisco, Oakland, and San Jose, have additional tenant protection ordinances that may provide greater protections than state law. Landlords must comply with both state and local requirements, applying whichever is more protective of the tenant.
Notice Requirements for Lease Termination
California law specifies different notice periods depending on the type of tenancy, the reason for termination, and how long the tenant has resided in the property. Providing the correct notice is a prerequisite to any eviction action, and using the wrong notice period or format can result in case dismissal.
📋 Notice Periods by Tenancy Type
| Tenancy Type | Tenant Occupancy | Notice Required | Statutory Basis |
|---|---|---|---|
| Month-to-Month | Less than 1 year | 30 days | Civil Code § 1946 |
| Month-to-Month | 1 year or more | 60 days | Civil Code § 1946.1 |
| Fixed-Term Lease | Any duration | 30 days before expiration | Civil Code § 1946 |
| Week-to-Week | Any duration | 7 days | Civil Code § 1946 |
| Non-Payment of Rent | Any duration | 3 days | CCP § 1161(2) |
| Lease Violation (Curable) | Any duration | 3 days to cure or quit | CCP § 1161(3) |
| Lease Violation (Incurable) | Any duration | 3 days to quit | CCP § 1161(4) |
📝 Notice Content Requirements
California law requires that termination notices contain specific information to be valid. A defective notice can result in the dismissal of an unlawful detainer action, requiring the landlord to start the process over.
Required Notice Elements
- Full legal name of all tenants
- Complete property address including unit number
- Clear statement of termination date
- Specific reason for termination (for just cause notices)
- Amount owed (for non-payment notices)
- Signature of landlord or authorized agent
- Date the notice was prepared
- Information about tenant’s right to cure (if applicable)
Common Notice Defects
- Wrong notice period used
- Missing tenant names
- Incorrect rent amount stated
- Vague or missing termination reason
- Improper service method
- Notice served to wrong address
- Missing required statutory language
- Calculation errors on dates
📬 Proper Notice Service Methods
California law specifies acceptable methods for serving termination notices. Using an improper service method can invalidate the notice even if the content is correct.
Personal Service
Hand-deliver directly to the tenant. This is the most reliable method and provides immediate proof of service.
Substituted Service
If tenant is unavailable, leave with a person of suitable age at the property AND mail a copy to the tenant.
Post and Mail
If no one is available, post notice in conspicuous place AND mail a copy. Adds additional days to notice period.
⚠️ Important: Post and Mail Extends Notice Period
When using the “post and mail” service method, California law adds 5 days to the notice period to account for mailing time. A 30-day notice served by post and mail effectively becomes a 35-day notice. Always calculate your dates carefully when using this method.
🔍 Screen Tenants to Avoid Termination Issues
The best way to avoid lease termination problems is to find reliable tenants from the start. Our comprehensive screening includes credit, criminal, eviction history, and income verification.
Just Cause Eviction Requirements (AB 1482)
California’s Tenant Protection Act of 2019 (AB 1482) introduced statewide just cause eviction requirements that fundamentally changed how landlords can terminate tenancies. Under this law, landlords of covered properties cannot terminate a tenancy after the first 12 months of occupancy without a legally recognized reason, known as “just cause.”
This represents a significant shift from traditional landlord-tenant law, where landlords could generally terminate month-to-month tenancies for any reason or no reason at all with proper notice. Now, for covered properties, landlords must have a specific, documented reason to end the tenancy.
🏠 Properties Covered by Just Cause Requirements
AB 1482’s just cause provisions apply to most residential rental properties in California, but there are important exemptions. Understanding whether your property is covered is the first step in compliance.
Covered Properties
- Multi-family buildings (apartments, condos, townhomes)
- Buildings at least 15 years old
- Single-family homes owned by corporations, REITs, or LLCs with corporate members
- Tenancies of 12 months or longer
- Properties without proper exemption notices
Exempt Properties
- Buildings less than 15 years old
- Single-family homes (with proper notice to tenant)
- Owner-occupied duplexes
- Housing subject to existing rent control
- Certain deed-restricted affordable housing
- Dormitories, hospitals, religious facilities
🚨 Critical: Single-Family Home Exemption Requires Written Notice
To qualify for the single-family home exemption, landlords must provide a specific written notice to the tenant. The notice must be provided in the lease agreement or as a separate document. Without this notice, the exemption does not apply, and just cause requirements will be enforced. The required language is specified in Civil Code § 1946.2(e)(8)(B)(ii).
📋 At-Fault Just Cause Reasons
At-fault just cause reasons are based on tenant misconduct or violations. These do not require relocation assistance but do require proper documentation and notice procedures.
| At-Fault Reason | Notice Required | Cure Opportunity? | Documentation Needed |
|---|---|---|---|
| Non-payment of rent | 3-day notice to pay or quit | Yes – can pay to cure | Rent ledger, payment records |
| Material lease violation | 3-day notice to cure or quit | Yes – must allow cure | Lease terms, violation evidence |
| Nuisance or waste | 3-day notice to quit | No – incurable | Complaints, photos, police reports |
| Criminal activity on premises | 3-day notice to quit | No – incurable | Police reports, witness statements |
| Subletting without permission | 3-day notice to cure or quit | Yes – if curable | Lease terms, evidence of subletting |
| Refusal to allow lawful entry | 3-day notice to cure or quit | Yes – must allow cure | Entry requests, denial evidence |
| Refusal to sign substantially similar lease | Written notice required | Yes – must offer lease first | Lease offers, refusal documentation |
📋 No-Fault Just Cause Reasons
No-fault just cause reasons allow termination even when the tenant has done nothing wrong. However, these require payment of relocation assistance equal to one month’s rent, either as direct payment or as a rent waiver for the final month.
Owner/Family Move-In
Landlord or immediate family member intends to occupy the unit as primary residence. Must be in good faith with intent to occupy for at least 12 months.
Substantial Renovation
Unit requires substantial repairs that cannot be safely completed with tenant in place. Must obtain necessary permits before serving notice.
Withdrawal from Rental Market
Landlord is permanently removing the unit from the rental market per the Ellis Act. Requires compliance with state and local Ellis Act procedures.
Government Order
Unit must be vacated due to a government order or local ordinance requirement. Documentation of the order is required.
Demolition
Property will be demolished. Requires proper permits and compliance with local demolition requirements.
Condo Conversion
Unit is being converted to condominium ownership. Subject to local conversion requirements and tenant purchase rights.
Relocation Assistance Requirements
For no-fault terminations, landlords must provide relocation assistance equal to one month’s rent. This can be paid directly to the tenant or waived as the final month’s rent. The assistance must be provided within 15 days of serving the termination notice. Failure to provide relocation assistance makes the termination invalid.
Tenant’s Right to Terminate a Lease
California tenants have several options for terminating a rental agreement, depending on the type of tenancy and circumstances. Understanding these rights helps tenants exit leases properly while minimizing financial liability.
📅 Terminating Month-to-Month Tenancies
Tenants on month-to-month agreements in California can terminate with 30 days written notice, regardless of how long they have lived in the unit. The notice must be provided at least 30 days before the intended move-out date, and the termination date should align with the rental period (typically the end of a calendar month).
Unlike landlords, tenants do not need to provide any reason for termination. The 30-day notice requirement applies uniformly to all month-to-month tenants, whether they have lived in the property for one month or ten years.
📄 Terminating Fixed-Term Leases
Fixed-term leases in California generally bind both parties until the lease expires. However, tenants may have options for early termination in certain circumstances.
Legal Reasons to Break a Lease
- Uninhabitable conditions: Landlord fails to maintain habitable premises
- Landlord harassment: Illegal entry, utility shutoffs, removal of doors/windows
- Military deployment: SCRA protections for active duty service members
- Domestic violence: Victim of domestic violence, stalking, or sexual assault
- Senior citizen/health: Age 62+ moving to care facility (with physician certification)
- Early termination clause: Lease includes buyout or early termination provision
Financial Consequences of Breaking
- Remaining rent: Tenant may owe rent until unit is re-rented
- Mitigation required: Landlord must make reasonable efforts to re-rent
- Re-rental costs: Tenant may owe advertising and showing costs
- Rent differential: If new rent is lower, tenant may owe difference
- Early termination fee: If allowed by lease (limited in CA)
- Security deposit: May be applied to unpaid rent/damages
🏠 Constructive Eviction
California law allows tenants to terminate a lease without penalty if the landlord fails to maintain the property in habitable condition. This is known as “constructive eviction.” To successfully claim constructive eviction, the tenant must demonstrate that serious habitability problems existed, the landlord was notified and given reasonable time to repair, the landlord failed to make repairs, and the tenant vacated within a reasonable time after the failure to repair.
Habitability issues that may justify constructive eviction include lack of heat, hot water, or electricity, serious plumbing problems, pest infestations, roof leaks causing water intrusion, lack of adequate weatherproofing, broken locks or security issues, and presence of toxic mold or hazardous materials.
⚠️ Document Everything Before Claiming Constructive Eviction
Constructive eviction is a legal defense, not an automatic right. Tenants should thoroughly document habitability issues with photos, videos, and written communications. Request repairs in writing and keep copies. Consult with a tenant rights attorney before vacating, as an unsuccessful constructive eviction claim can result in liability for the remaining lease term.
📄 Need California Lease Termination Forms?
Download professionally drafted, California-compliant termination notices and lease forms. Fillable PDFs that ensure you include all legally required information.
Landlord’s Right to Terminate a Lease
California landlords have the right to terminate rental agreements under specific circumstances, but must follow precise legal procedures. The requirements differ significantly based on whether the property is covered by just cause requirements, the reason for termination, and the type of tenancy.
📋 Termination for Non-Payment of Rent
Non-payment of rent is the most common reason for lease termination. California requires landlords to serve a 3-Day Notice to Pay Rent or Quit before proceeding with eviction. This notice must accurately state the amount of rent owed and give the tenant three days to pay the full amount or vacate.
Day 1: Serve 3-Day Notice
Serve the notice using proper methods (personal, substituted, or post and mail). The notice must state the exact amount of rent due and provide payment instructions.
Days 2-4: Waiting Period
Tenant has three full days to pay the rent (excluding the day of service, weekends, and holidays). During this time, landlord must accept rent if offered.
Day 5+: File Unlawful Detainer
If rent is not paid, landlord may file an unlawful detainer lawsuit. The complaint must be properly prepared and filed with the court.
Service & Response Period
Tenant must be served with the lawsuit and has 5 days to respond. If no response, landlord can request default judgment.
Trial & Judgment
If tenant responds, a trial is set within 20 days. If landlord wins, court issues judgment for possession and any amounts owed.
Writ of Possession
Sheriff executes writ and removes tenant if they haven’t vacated. Tenant typically has 5 days after writ is posted to leave.
📋 Termination for Lease Violations
When tenants violate lease terms other than non-payment, landlords must serve a 3-Day Notice to Perform Covenant or Quit for curable violations, or a 3-Day Notice to Quit for incurable violations. The notice must specifically identify the violation and, for curable violations, explain what the tenant must do to remedy the breach.
Curable violations include unauthorized pets (can be cured by removing pet), unauthorized occupants (can be cured by removing occupant), failure to maintain cleanliness, parking violations, and minor lease term violations.
Incurable violations include illegal subletting that cannot be undone, serious criminal activity, substantial damage to the property, using the premises for illegal purposes, and repeated violations after prior notices.
📋 Termination of Month-to-Month Without Cause
For properties NOT covered by AB 1482’s just cause requirements, landlords can terminate month-to-month tenancies without providing a reason. The notice period depends on how long the tenant has occupied the property: 30 days notice for tenants who have lived in the unit less than one year, and 60 days notice for tenants who have lived in the unit one year or longer.
When No-Cause Termination is NOT Allowed
Even for exempt properties, landlords cannot terminate tenancies for discriminatory reasons (protected classes), in retaliation for tenant complaints or exercising legal rights, or to circumvent rent control (in rent-controlled jurisdictions). Always document legitimate business reasons for termination.
Early Lease Termination Options
Early termination of a fixed-term lease in California involves complex legal considerations for both landlords and tenants. California law requires landlords to mitigate damages by making reasonable efforts to re-rent the unit, which limits a tenant’s financial exposure when breaking a lease.
🤝 Mutual Agreement to Terminate
The simplest way to end a lease early is through mutual agreement between landlord and tenant. This approach benefits both parties by avoiding disputes and providing certainty. A mutual termination agreement should include the agreed termination date, any payments due (remaining rent, fees, etc.), security deposit handling, condition of the unit at move-out, release of both parties from future claims, and signatures of all parties.
💰 Lease Buyout Provisions
Some California leases include buyout or early termination provisions that allow tenants to exit by paying a specified fee. These provisions must be reasonable and cannot constitute a penalty. California Civil Code § 1951.2 limits landlord remedies to actual damages, so excessive termination fees may be unenforceable.
A typical buyout provision might require 30-60 days notice plus one to two months’ rent as a termination fee. The landlord should still make efforts to re-rent and credit any rent received from a new tenant against the buyout amount.
📊 Landlord’s Duty to Mitigate Damages
California Civil Code § 1951.2 requires landlords to make reasonable efforts to re-rent the unit when a tenant breaks a lease. This “duty to mitigate” means the landlord cannot simply leave the unit vacant and charge the departing tenant for the entire remaining lease term.
Reasonable mitigation efforts include promptly advertising the unit for rent, showing the unit to prospective tenants, processing applications in a timely manner, accepting qualified applicants, and not imposing unreasonable conditions that would prevent re-renting.
Tenant’s Liability After Breaking a Lease
If a tenant breaks a lease and the landlord properly mitigates, the tenant is typically liable for rent until the unit is re-rented, plus any difference if the new rent is lower than the original rent for the remaining lease term, plus reasonable costs of re-renting (advertising, showing, etc.). The security deposit can be applied to these amounts, with proper accounting provided to the tenant within 21 days of move-out.
🛡️ Subletting and Assignment
If the lease permits subletting or assignment, tenants may be able to transfer their obligations to a new tenant rather than breaking the lease outright. California Civil Code § 1995.260 provides that if a lease contains a restriction on subletting or assignment, the landlord’s consent cannot be unreasonably withheld.
The distinction between subletting and assignment is important. In a sublet, the original tenant remains on the lease and is responsible if the subtenant fails to pay. In an assignment, the new tenant takes over the lease entirely, and the original tenant is released from obligations (unless otherwise agreed).
Special Circumstances for Lease Termination
California law provides special termination rights for certain protected groups and circumstances. These provisions allow early termination without the usual financial penalties when specific conditions are met.
🎖️ Military Service (SCRA)
The federal Servicemembers Civil Relief Act (SCRA) provides important protections for active duty military members. Under the SCRA, service members can terminate residential leases without penalty when they receive permanent change of station (PCS) orders, deployment orders for 90 days or more, or orders to live in military housing.
To exercise SCRA rights, the service member must provide written notice to the landlord along with a copy of the military orders. The termination becomes effective 30 days after the next rent payment is due. For example, if rent is due on the 1st and notice is given on March 15th, the lease terminates April 30th.
📜 SCRA Statutory Reference
50 U.S.C. § 3955 – Termination of residential leases
California has additional state protections under Military and Veterans Code § 409.1
🏠 Domestic Violence, Sexual Assault, and Stalking
California Civil Code § 1946.7 allows victims of domestic violence, sexual assault, stalking, human trafficking, or elder/dependent adult abuse to terminate their leases early without penalty. This protection recognizes that victims may need to relocate quickly for safety reasons.
To exercise this right, the tenant must provide written notice to the landlord along with one of the following: a copy of a temporary restraining order, emergency protective order, or protective order, a copy of a written report from a law enforcement agency, or documentation from a qualified third party (such as a licensed healthcare provider, domestic violence counselor, or victim advocate).
The lease terminates 14 days after the next rent payment is due following delivery of the notice and documentation. The landlord cannot require the victim to give more notice or pay additional fees.
👴 Senior Citizens and Disabled Tenants
California Civil Code § 1946.5 allows tenants who are 62 years or older to terminate a lease to move into a residential care facility, nursing home, or similar housing. The tenant must provide at least 30 days written notice and include documentation from a licensed healthcare provider that the tenant requires assisted living or residential care.
Similar provisions exist for tenants who become disabled and need to relocate to accessible housing or care facilities. In both cases, the tenant is not liable for rent beyond the 30-day notice period.
☠️ Death of Tenant
When a sole tenant dies, the tenancy terminates automatically under California law. The tenant’s estate may be responsible for rent through the end of the month in which death occurred, plus an additional 30 days. The landlord must allow the estate reasonable access to remove personal belongings.
If a co-tenant dies, the surviving tenant(s) have the right to continue the tenancy under the same terms. The landlord cannot use the death as a reason to terminate or change the lease terms.
🏚️ Uninhabitable Conditions
California Civil Code § 1942 establishes the landlord’s duty to maintain habitable conditions. If the landlord fails to maintain the property in habitable condition after being notified of serious problems, tenants have several remedies including the right to terminate the lease under the theory of constructive eviction (discussed above), the right to “repair and deduct” for repairs costing up to one month’s rent, the right to withhold rent until repairs are made, and the right to sue for damages and rent reduction.
🏗️ Property Destroyed or Condemned
If the rental property is destroyed or condemned by government authorities, the lease terminates automatically. California Civil Code § 1933 provides that if the rental is destroyed (not through tenant’s fault), the tenant is excused from future rent obligations. If only partially destroyed, the tenant may terminate if the remaining portion is unsuitable for the lease’s purpose.
Fire Damage
If a fire makes the unit uninhabitable through no fault of the tenant, the lease terminates and the tenant owes no further rent.
Flood or Natural Disaster
Natural disasters that render the property uninhabitable typically terminate lease obligations for both parties.
Government Condemnation
If the property is condemned by government authorities, the lease terminates automatically.
🏠 Protect Your Investment with Quality Tenants
The best lease termination is one that never happens. Screen thoroughly to find tenants who pay on time, follow lease terms, and stay long-term.
Required Legal Procedures
California has strict procedural requirements for lease termination that must be followed precisely. Failure to comply with these procedures can result in dismissed eviction cases, legal liability, and significant delays. Both landlords and tenants benefit from understanding the correct processes.
📬 Proper Notice Service
California Code of Civil Procedure § 1162 specifies the acceptable methods for serving termination notices. Using an improper service method invalidates the notice even if the content is correct.
| Service Method | Requirements | Additional Days Added | Best For |
|---|---|---|---|
| Personal Service | Hand-deliver directly to tenant | None | Most reliable method |
| Substituted Service | Leave with person of suitable age at property + mail copy | None | When tenant unavailable |
| Post and Mail | Post in conspicuous place + mail copy | +5 days (mailing time) | Last resort only |
⚖️ Unlawful Detainer Process
If a tenant does not vacate after receiving proper notice, the landlord must file an unlawful detainer lawsuit to legally remove the tenant. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in California and can result in significant liability.
The unlawful detainer process in California is designed to be faster than regular civil litigation, but still typically takes 4-8 weeks from filing to judgment, assuming no delays. If the tenant contests the eviction, the process may take longer.
Step 1: Prepare and File Complaint
Draft the unlawful detainer complaint with all required information. File with the Superior Court and pay the filing fee (approximately $240-$435 depending on claim amount).
Step 2: Serve the Summons and Complaint
Have the tenant served by a registered process server, sheriff, or other qualified person. Service must be properly documented with a proof of service filed with the court.
Step 3: Wait for Tenant Response
Tenant has 5 days to respond if personally served, 15 days if served by substituted service. If no response, request default judgment.
Step 4: Trial (If Contested)
If tenant responds, trial must be set within 20 days of the request. Both parties present evidence and the court rules on possession.
Step 5: Judgment and Writ of Possession
If landlord wins, court enters judgment for possession. Landlord obtains writ of possession from the court clerk.
Step 6: Sheriff Lockout
Sheriff posts notice giving tenant 5 days to vacate. If tenant remains, sheriff returns to physically remove tenant and change locks.
🔒 Security Deposit Handling
California Civil Code § 1950.5 establishes strict requirements for handling security deposits at the end of a tenancy. Landlords must return the deposit or provide an itemized statement of deductions within 21 days of the tenant vacating and returning keys.
Permissible deductions include unpaid rent, cleaning beyond normal wear and tear, repair of damages beyond normal wear and tear, and costs specified in the lease that are legally permitted. Landlords cannot deduct for normal wear and tear or for cleaning if the tenant left the unit as clean as when they moved in.
⚠️ Penalties for Improper Security Deposit Handling
If a landlord acts in bad faith by failing to return the deposit or providing false deductions, the tenant can sue for up to twice the amount of the security deposit in addition to the actual amount wrongfully withheld. Courts take security deposit violations seriously, so always document the condition of the unit thoroughly and provide timely, accurate accountings.
🚫 Illegal Landlord Actions
California law strictly prohibits self-help evictions. Landlords cannot take the following actions to force a tenant out, regardless of whether the tenant owes rent or has violated the lease: changing locks without tenant consent, removing doors, windows, or other parts of the property, shutting off utilities (water, gas, electricity, heat), removing tenant’s belongings, physically threatening or harassing the tenant, or entering the property excessively to harass the tenant.
Tenants who experience illegal lockouts or utility shutoffs can seek emergency court orders, sue for actual damages plus $100 per day of violation (minimum $250), recover attorney’s fees, and potentially receive punitive damages for egregious conduct.
California Lease Termination Forms & Resources
Using the correct forms is essential for proper lease termination in California. Below are resources for the most commonly needed documents. Our forms are drafted by legal professionals and updated to reflect current California law.
📋 Termination Notice Forms
📚 Related California Landlord Resources
🗺️ Other State Lease Termination Guides
If you have rental properties in other states, be sure to review the specific lease termination laws for each jurisdiction. Requirements vary significantly from state to state.
Frequently Asked Questions
How much notice does a landlord have to give a tenant to move out in California?
In California, the required notice depends on the tenancy type and duration. For month-to-month tenancies, landlords must give 30 days notice if the tenant has lived there less than one year, or 60 days notice if the tenant has lived there one year or longer. For properties covered by AB 1482’s just cause requirements, landlords can only terminate for legally recognized reasons and must comply with additional procedures including relocation assistance for no-fault terminations.
Can a landlord terminate a lease early in California?
Landlords can only terminate a fixed-term lease early if the tenant violates the lease terms (non-payment, lease violations, illegal activity, etc.) or if the property becomes uninhabitable through no fault of the landlord. Landlords cannot terminate a fixed-term lease simply because they want the property back before the lease expires. For month-to-month tenancies, landlords can terminate with proper notice, subject to just cause requirements for covered properties.
What is just cause eviction in California?
Just cause eviction, established by AB 1482 (the Tenant Protection Act of 2019), requires landlords of covered properties to have a legally recognized reason to terminate tenancies of 12 months or longer. “At-fault” reasons include non-payment, lease violations, and criminal activity. “No-fault” reasons include owner move-in, substantial renovation, and withdrawal from the rental market. No-fault terminations require payment of relocation assistance equal to one month’s rent.
How can a tenant legally break a lease in California?
Tenants can legally break a lease in California under several circumstances: if the unit is uninhabitable and the landlord fails to make repairs (constructive eviction), if the tenant is a victim of domestic violence (with documentation), if the tenant receives military deployment or PCS orders (SCRA), if the tenant is 62+ and moving to a care facility (with physician documentation), or if the lease includes an early termination clause. In other cases, tenants may negotiate a mutual termination or be liable for rent until the landlord re-rents the unit.
Does a California landlord have to mitigate damages if a tenant breaks a lease?
Yes. California Civil Code § 1951.2 requires landlords to make reasonable efforts to re-rent a unit when a tenant breaks a lease. The landlord cannot simply leave the unit vacant and charge the departing tenant for the entire remaining lease term. Reasonable mitigation includes advertising the unit, showing it to prospective tenants, and accepting qualified applicants. The tenant is liable for rent only until the unit is re-rented, plus any difference if the new rent is lower.
What happens if a landlord tries to illegally evict a tenant in California?
Illegal evictions (also called “self-help” evictions) are strictly prohibited in California. Landlords cannot change locks, shut off utilities, remove doors or windows, or remove tenant belongings to force a tenant out. Tenants who experience illegal lockouts can sue for actual damages plus $100 per day of violation (minimum $250), attorney’s fees, and potentially punitive damages. They can also seek emergency court orders to be restored to the property.
How long does the eviction process take in California?
The eviction (unlawful detainer) process in California typically takes 4-8 weeks from filing to sheriff lockout if uncontested. If the tenant contests the eviction, it may take 2-3 months or longer. The timeline includes serving the termination notice (3-60 days depending on type), waiting for notice period to expire, filing and serving the unlawful detainer lawsuit, tenant’s 5-day response period, trial (if contested), and sheriff lockout (5+ days after writ is posted).
Can a California landlord terminate a lease for selling the property?
Selling the property is generally not a valid reason to terminate a lease in California. When a property is sold, the new owner takes the property subject to existing leases. The new owner becomes the landlord and must honor the lease terms until the lease expires. For month-to-month tenancies, the new owner can give proper notice to terminate, subject to just cause requirements for covered properties. Some local rent control ordinances have additional restrictions on termination related to property sales.
🔍 Start with Better Tenant Selection
Most lease termination problems can be avoided by choosing the right tenants from the start. Our comprehensive screening gives you the information you need to make confident decisions.
📋 Legal Disclaimer
The information on this page is provided for general educational purposes only and does not constitute legal advice. California landlord-tenant laws are complex and subject to change. Local ordinances in cities like Los Angeles, San Francisco, Oakland, San Jose, and others may provide additional tenant protections beyond state law. Always verify current requirements and consult with a licensed California attorney before taking legal action. Individual circumstances may affect how laws apply to your specific situation. This guide was last updated 2025 but may not reflect the most recent legal developments.
