To terminate a California lease, you must follow a two-step process. The first is to assign the lessor a «communication on conditions.» Write a letter to the owner indicating which items should be repaired immediately, including the reasons for this. You can mention z.B. adverse health effects or the additional costs of an uninhabitable unit. If the lessor does not resolve the problems quickly or, even if he makes only timid attempts to remedy them, the second step is to evacuate the premises after a «reasonable time» of up to a week depending on the severity of the problem. You are not required to inform the owner of the departure as soon as you inform the conditions. To terminate a lease for this reason, they must meet certain conditions, such as proof of a temporary freezing order.B. Constructive evacuation is carried out when the actions or inaction of a landlord render the rental unit unsuitable for residential purposes or deprive the tenant of the use and enjoyment of the rental unit. Groh v. Kover`s Bull Pen, Inc., 221 Cal. Ca. 2d 611 (1963).
A tenant is not responsible for the rest of the rental period after the unit is evacuated due to constructive evacuation. Kulawitz v. Pacific, etc. Paper, Co., 25 Cal. 2d 664, 670 (1944). Before the evacuation, the tenant must report the problems to the landlord and the landlord does not have to solve the problem. Civil Code No. 1942 (a), (d), 1941.2. Contact your landlord. You can do this by phone, but to keep things official, you should also consider writing a letter informing your landlord of your intention to evacuate your unit before the end of the lease.
As with all trade agreements, the nicer the conclusion, the better for everyone. Some states automatically grant tenants a two-month break clause, with the tenant paying two months` rent to exit a tenancy agreement. Check your lease. Simply put, the termination of a lease ends up before a fixed-term contract expires. In accordance with California`s rent termination laws (Cal. Code Civ. No. 1954) you must send your tenant a 24-hour notification (or 48 hours for the final examination) before accessing the property. Disclaimer: This blog is not a substitute for legal advice. If you have questions about some of this content or simply want legal advice, please contact a qualified lawyer or property management company.