When a tenant leaves a California fixed-term lease early, Civil Code § 1951.2 lets the landlord recover unpaid rent and other losses, but the recovery is reduced by any rental loss the tenant proves could reasonably have been avoided, for example by re-renting the home. A lease clause that fixes a set sum as damages for breaking the lease is void under Civil Code § 1671(d) unless actual damages would be impracticable or extremely difficult to fix. Some tenants have a legal exit that avoids most of this, including service members with qualifying orders and victims of certain crimes.

The short version

  • A month-to-month tenant ends the tenancy with at least 30 days' written notice (Civil Code § 1946(a)). "Breaking a lease" is a fixed-term problem.
  • If a tenant abandons a fixed-term lease, § 1951.2 lists what the landlord can recover, minus the rent loss "that the lessee proves could have been reasonably avoided."
  • A flat "lease break" charge written as damages is judged under § 1671(d). Whether an optional buy-out clause is judged the same way is a case-law question for counsel, and no statute caps such a fee by amount.
  • Service members (50 U.S.C. § 3955), victims of listed crimes (Civil Code § 1946.7) and tenants of untenantable homes (Civil Code § 1942) have statutory ways out.
  • If owner and tenant agree on an early end date, put the agreement in writing.
  • If a tenant simply disappears, the abandonment notice in Civil Code § 1951.3 is the lawful route, not a lockout.

Step 1: Read what the lease says

Start with the clauses that control an early exit.

Clause saysWhat it meansWatch for
A fee the tenant may pay to end the lease early (an "early termination option")A negotiated exit priceWhether it is judged as liquidated damages is a case-law question; no statute caps the amount. Ask counsel.
A set sum the tenant owes "if the tenant breaks the lease"A liquidated-damages clauseVoid in a dwelling lease unless actual damages would be impracticable or extremely difficult to fix (§ 1671(c)(2), (d); § 1951.5). Section 1951.2 already gives a way to fix actual damages.
The landlord has the remedy in Civil Code § 1951.4The landlord may keep the lease in effect after breach and abandonment and collect rent as it comes dueAvailable only if the lease says so and lets the tenant sublet or assign, or allows it subject to reasonable standards or with consent not unreasonably withheld (§ 1951.4(a), (b)). An absolute no-sublet clause gives this remedy up.
A military clauseA negotiated term that can add exits beyond federal lawIt cannot take away SCRA rights. See the military clause.
A subletting or assignment clauseWhether a replacement tenant is possibleSee subletting and assignment clauses.

Step 2: Check the legal exits

Service members

Under 50 U.S.C. § 3955, a servicemember who signed a lease while in military service and then receives orders for a permanent change of station or a deployment of not less than 90 days may end the lease by written notice with a copy of the orders, and the landlord may not impose an early termination charge. California's parallel provision is Military and Veterans Code § 409. The effective date, prorated rent and refund rules are on military tenants and the SCRA.

Victims of domestic violence and other listed crimes

Civil Code § 1946.7 lets a tenant end a lease with written notice and one of the listed forms of documentation, given within 180 days of the order, report or act. The tenant owes rent for no more than 14 calendar days after giving notice, is not treated as having breached the lease, and cannot be made to forfeit the deposit for using the section. Co-tenants who are not victims and are not in the victim's household stay bound by the lease. See ending a lease for domestic violence.

An untenantable home

If the tenant gives notice of conditions that make the home untenantable and the landlord does not repair them within a reasonable time, Civil Code § 1942(a) lets the tenant vacate instead of repairing. The tenant then owes no further rent from the date of vacating. This does not apply if the tenant caused the condition in violation of § 1929 or § 1941.2 (§ 1942(c)). See habitability and repairs.

Step 3: If there is no exit, how damages work

When a tenant breaches and abandons, or the landlord ends possession because of the breach, "the lease terminates" (§ 1951.2(a)), unless the landlord is using a § 1951.4 clause. The landlord may then recover:

  1. Unpaid rent earned up to the termination.
  2. Unpaid rent from termination until the court's award, minus the rental loss the tenant proves could have been reasonably avoided.
  3. Rent for the rest of the term after the award, minus the loss the tenant proves could be reasonably avoided. This is available only if the lease provides for it, or the landlord re-let before the award and proves it acted reasonably and in good faith to mitigate (§ 1951.2(c)).
  4. Any other amount needed to make up for the harm the breach proximately caused.

The statute puts the burden on the tenant to prove the avoidable loss. It does not use the phrase "duty to mitigate," but a landlord who leaves the home empty risks a smaller recovery, and § 1951.2(d) says efforts to mitigate do not waive the right to damages. The security deposit may be applied to unpaid rent (§ 1950.5(b)(1)), with the itemized statement due no later than 21 calendar days after the tenant vacates.

Step 4: When the tenant disappears

If rent has been due and unpaid for at least 14 consecutive days and the landlord reasonably believes the tenant has left, Civil Code § 1951.3 allows a written notice of belief of abandonment. The termination date in it must be at least 15 days after personal delivery or 18 days after mailing. The lease ends on that date unless the tenant responds in writing first. This notice is not a three-day notice (§ 1951.3(h)). Belongings left behind can be handled under the optional procedure in Civil Code §§ 1980 to 1991. Changing locks or removing property to force someone out violates Civil Code § 789.3. See abandoned units and property.

For owners

  1. Confirm in writing the date you got possession back, and collect keys.
  2. Re-list promptly and keep dated records of advertising, showings and applications. Those records show what you did to avoid a rental loss.
  3. Screen replacement applicants under the same written criteria you use for everyone.
  4. Apply the deposit only to the categories in § 1950.5(b) and send the itemized statement on time.

For renters

  1. Check the exits above before assuming you owe the rest of the lease.
  2. Ask the landlord in writing whether they will agree to an early end date, and get any agreement in writing.
  3. If the lease allows subletting or assignment, propose a replacement the way the clause requires.
  4. Give a written move-out date, return the keys and give a forwarding address. Under § 1950.5(h)(6), deposit mailings go to the address you provide, or to the vacated unit if you give none.
  5. Ask for the pre-move-out inspection under § 1950.5(f) so you can fix items before you leave.

Military families moving on orders can also read moving to Coronado on military orders.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements, so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026, based on a review of its code's contents.

Frequently asked questions

Can a California landlord charge a lease break fee?

A clause that sets a fixed amount as damages for breaking a residential lease is void under Civil Code § 1671(d) unless, from the nature of the case, actual damages would be impracticable or extremely difficult to fix. Whether an optional fee the tenant chooses to pay is judged the same way is a case-law question, so have counsel review the wording.

How much rent does a tenant owe after breaking a lease?

Under Civil Code § 1951.2, the landlord can recover unpaid rent earned to the termination, plus later rent, minus the rental loss the tenant proves could have been reasonably avoided, and other losses the breach caused. Rent for the period after a court award is recoverable only if the lease provides for it or the landlord re-let first and acted reasonably.

Does a California landlord have to re-rent the unit?

The statute does not say "duty to mitigate." It reduces the landlord's recovery by any rent loss the tenant proves could reasonably have been avoided, so re-listing promptly and keeping records of the effort protects the owner's claim.

Can a service member break a lease in California without a penalty?

Yes, if the lease qualifies under 50 U.S.C. § 3955, for example after orders for a permanent change of station or a deployment of not less than 90 days. The landlord may not impose an early termination charge, though charges for excess wear can still apply. California's parallel provision is Military and Veterans Code § 409.

Can the landlord keep the whole deposit when a tenant breaks the lease?

Only the amounts allowed by Civil Code § 1950.5(b), such as unpaid rent, damage beyond ordinary wear and tear and cleaning back to move-in level, with an itemized statement within 21 calendar days after the tenant vacates. A tenant who ends the lease under § 1946.7 cannot be made to forfeit the deposit for doing so.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

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