Early lease termination request letter (California)
Legal advice recommended before use.
Breaking a fixed-term lease early in California isn't automatically illegal — it's a breach of contract unless you fall into a protected category (domestic violence/abuse, military orders, or an uninhabitable unit) or your landlord agrees to a mutual release. Even without a qualifying ground, your landlord has a duty to mitigate damages by trying to re-rent the unit (Cal. Civil Code § 1951.2) — so you're generally not on the hook for the full remaining rent, just what the landlord actually loses. This letter puts your request in writing and proposes clear terms.
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This is a template, not legal advice. If you're relying on the domestic violence/abuse provision or SCRA military provision, keep copies of your notice and supporting documents (protective order, police report, advocate letter, or military orders) — those are what make the early termination legally protected rather than a simple breach. If your landlord disputes your right to terminate or threatens to bill you for the full remaining lease, consult a tenant attorney or a local legal aid organization (such as Bet Tzedek or Legal Aid Foundation of Los Angeles) before you move out. This document was drafted without live legal-citation verification (research budget was exhausted) and has not yet been reviewed by an attorney — do not rely on it as final.
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Frequently asked questions
Can I just break my California lease if I have a good reason?
Not automatically. A fixed-term lease is a contract, and moving out early without a legal exemption or your landlord's agreement is a breach. California law does recognize specific protected grounds — domestic violence/abuse (Civil Code § 1946.7), military orders (the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955), and uninhabitable conditions (Civil Code §§ 1941, 1941.1) — that let you terminate early without owing the full remaining rent.
If I break my lease without a qualifying reason, how much do I owe?
Not necessarily the full remaining rent. Under Civil Code § 1951.2, a landlord who wants damages after a tenant leaves early must make reasonable efforts to re-rent the unit (mitigate damages) rather than let it sit empty and bill you for the whole term. You're generally liable for rent until the unit is re-rented or the lease term ends, whichever is first, plus the landlord's reasonable re-renting costs.
How much notice do I need to give if I'm a domestic violence or abuse survivor?
Under Civil Code § 1946.7, your tenancy terminates no later than 14 days after you give written notice along with qualifying documentation — a protective order, a police report no older than 180 days, or a written statement from a qualified third party such as a counselor or advocate. You owe rent only through that termination date, not the rest of the lease.
I'm active duty military with new orders — what are my rights?
The federal Servicemembers Civil Relief Act (50 U.S.C. § 3955) lets service members terminate a residential lease early after receiving permanent change of station or deployment orders of 90+ days. Give written notice with a copy of your orders; termination takes effect 30 days after the next rent due date following that notice.
Can my landlord charge me a flat 'early termination fee'?
Only if it's reasonable and reflects an actual estimate of the landlord's likely loss — under Civil Code § 1671, a penalty-like fee unrelated to real damages can be unenforceable. Many landlords will negotiate a specific buyout figure or accept a qualified replacement tenant instead; put whatever you agree to in writing.
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