On average, most people relocate about twelve times during their adult lifetimes, and most of these moves occur before age 45. Some of these changes are made only after careful advanced planning that begins months ahead of time. But others are necessitated by a sudden change, such as a job loss, a divorce, or a family illness. Typically, these unexpected events do not coincide with the end of a lease term.
If a tenant must break a lease by leaving before the term ends, California law sharply limits the tenant’s liability for unpaid rent, because the landlord must exercise due diligence in mitigating damages by finding a replacement tenant. The law even removes the tenant’s liability altogether, in some cases. Furthermore, there are some concrete steps you can take to help keep your personal liability as low as possible, with the help of a San Francisco tenant lawyer.
Before You Move In
Most all landlords in the Oakland-Berkeley area use form leases, like the ones found here, that contain boilerplate language and one-size-fits-all clauses. Many times, these leases contain little or no customization, other than the property address, tenant’s name, and other vital statistics.
But a lease is a contract, a term that implies a bargained-for exchange. Courts typically enforce any written agreement between the parties, especially if it is part of the lease, as long as such provisions do not violate public policy or are otherwise void.
To protect yourself in the unlikely event that you must break the lease, consider negotiating with your landlord (or hiring a San Francisco tenant lawyer to negotiate on your behalf) to include some prophylactic provisions, such as:
- Roommate: There are various reasons a tenant may want or need a roommate at some point in the lease. It is reasonable to give the landlord a veto power, based on an adverse rent history or some other objective, non-discriminatory criteria.
- Sublease: Similar provisions may be made regarding a permanent occupant whose name is not on the original lease.
Sometimes an owner or property manager adamantly refuses to negotiate, and such behavior at the start usually means a lack of willingness to work with the tenant later.
If You Must Leave Early
You are legally justified in moving out early in a number of situations, including:
- Violence: Victims of stalking, sexual assault, domestic violence, and other related offenses, as they are defined in the penal code, are allowed to vacate the leased premises, in some cases.
- Constructive Eviction: If the property becomes uninhabitable, the tenant may move out after giving the landlord notice and an opportunity to cure the defect. There is a difference between “imperfect” and “uninhabitable,” but the distinction is usually a fact question in court. This idea also applies if the landlord repeatedly violates your occupancy or privacy rights, by making unannounced inspections or changing the locks.
- Active Duty Military: If you join a “uniformed service” and are deployed, your lease automatically expires 30 days after the next rent due date.
As soon as you learn that you must break your lease, reach out to your landlord to allow plenty of time to find a replacement tenant.
Contact Qualified Attorneys
Breaking a lease does not necessarily mean liability for unpaid rent. For a confidential consultation with an experienced San Francisco tenant lawyer, contact Elke & Merchant, LLP. We limit our practice to tenants’ rights cases.