Early Lease Termination Laws in California

In California, a tenant who is a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse or certain other crimes can end a lease with written notice and owes no more than 14 days of rent, state law extends lease termination rights to National Guard members on state active service, and a landlord's damages are reduced by rent losses the tenant proves could have been reasonably avoided.

Last checked October 2026. General information, not legal advice.

Domestic violence victims: Yes, 14 days of rent after notice; Covers the tenant, a household member or immediate family member. Notice within 180 days of the protective order, police report or act.
State military protection: Yes, includes state active service; Mil. and Vet. Code 409 lease termination applies to service members, defined to include militia members called into active state service.
Landlord must re-rent: Yes, avoidable losses reduce damages; Landlord recovers unpaid rent only to the extent it exceeds the rental loss the tenant proves could have been reasonably avoided.

Sources

Last checked October 2026

The rules in California

Can domestic violence or sexual assault victims end a lease early in California?

Yes, 14 days of rent after notice. Domestic violence victims in California: yes, 14 days of rent after notice. Covers the tenant, a household member or immediate family member. Notice within 180 days of the protective order, police report or act.

Does California law add early lease termination rights for service members beyond the federal SCRA?

Yes, includes state active service. State military protection in California: yes, includes state active service. Mil. and Vet. Code 409 lease termination applies to service members, defined to include militia members called into active state service.

Does a landlord in California have to try to re-rent the unit after a tenant leaves early?

Yes, avoidable losses reduce damages. Landlord must re-rent in California: yes, avoidable losses reduce damages. Landlord recovers unpaid rent only to the extent it exceeds the rental loss the tenant proves could have been reasonably avoided.

Where do the California early lease termination laws come from?

The rules above come from Cal. Civ. Code 1946.7, Cal. Civ. Code 1951.2, Cal. Mil. and Vet. Code 400 and Cal. Mil. and Vet. Code 409. Each source is linked on this page. We last checked them in October 2026.

Good to know

Civil Code 1946.7 also covers abuse of an elder or dependent adult and crimes causing bodily injury or involving a deadly weapon or force.

What this means in practice

Read the lease first. Many leases contain an early termination clause, a buyout fee or a sublease option that may be easier to use than a statutory right. A statutory right usually applies even if the lease says nothing about it, and a lease generally cannot waive it.

Statutory early termination rights usually come with conditions. Common ones are written notice to the landlord, a minimum notice period, and proof such as a protective order, police report, military orders or a doctor's statement. Keep copies of everything you send and note the date and method of delivery.

If you leave without a statutory right, you may still owe rent until the unit is re-rented or the lease ends. Where a landlord has a duty to mitigate, it must make reasonable efforts to find a new tenant, and the amount you owe is reduced by rent the landlord collects or reasonably could have collected. Returning keys and documenting the condition of the unit can help limit disputes.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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