Legal advice on how to terminate your lease early without facing any penalties or consequences.

Question

I found employment in northern California and I am moving to a different college called Chico State. I will finish my degree and be able to have a permit employment with this company. Due to the past environmental issues, this was a fatal killing of three people in the complex, I do not feel safe and that is the reason my partner has left. I am moving back home with a family member. So I do not have to file for bankruptcy. As I mentioned on June 1st, I emailed the complex manager about the thirty days or today could be for the thirty days. I will be at the end of the lease contract. I will not be needing a next year's lease. They made me sign this next year's lease so I could save this apartment and not have to move to a different one. I signed the new one 4 months after I moved in. I moved in last year in August. What can I do?

Delaram Keshvarian · Answer

Thank you for your question! 
 
Fatal Environmental Hazard can make a property unhabitable. Also, there is a violation of the quiet enjoyment of the property. Under either legal theory, you can end the lease: 1. upon a proper notice to the landlord, and 2. landlord's failure to take proper action in a reasonable time. 
 
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith · Answer

I understand you are seeking legal advice on how to terminate your lease early in California without facing penalties, given your desire to move for school and employment, as well as safety concerns. Here is some general information, but please note that I am not a lawyer and this should not be taken as professional legal advice. 
 
In California, there are a few circumstances where a tenant may be able to legally break a lease early without penalty: 
 
1. The rental unit is unsafe or violates California health and safety codes and the landlord has not fixed the issues after being notified in writing.  
 
2. The tenant is entering active military duty. 
 
3. The tenant is a victim of domestic violence, sexual assault, stalking, elder abuse, or dependent adult abuse. 
 
4. The landlord harasses the tenant or violates the tenant's privacy rights. 
 
To use one of these reasons, you typically need to provide written notice to your landlord. 
 
However, simply feeling unsafe due to a past crime in the complex may not meet the legal standard of the unit being uninhabitable. Relocating for school or work also does not automatically allow you to break a lease. 
 
Your other options would be: 
- Negotiate with your landlord to see if they will let you out of the lease early. You could offer to find a replacement tenant. 
- If your landlord agrees to let you break the lease, get the agreement in writing. 
- See if your lease has an early termination clause that allows you to break the lease under certain conditions, though you may have to pay a fee. 
- You can move out, but you may be liable for paying rent for the remainder of the lease term. The landlord is required to try to re-rent the unit to mitigate damages. 
 
I'd suggest consulting with a landlord-tenant attorney or legal aid organization for a thorough evaluation of your case and options. But in general, safely concerns and relocating for school/work do not automatically allow you to legally break a lease without any liability in California. You'll likely need to negotiate with your landlord to try to reach an agreement.

Q: Legal advice on how to terminate your lease early without facing any penalties or consequences.