How can I terminate a lease before I move into the apartment?

Full question:

What are my options if I signed a year lease and then the next day decided that I could not move into the apartment?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: California

Answer:

The terms of your lease will dictate how you may be able to terminate your lease prior to the end of the lease term. Most residential written leases contain language that provides for early termination upon written notice to the other party. Many of these leases also provide that the tenant will be held responsible for the balance of the rent. But the landlord will have the duty of mitigating his damage by trying to re-let the unit. Not taking possession of the unit may not matter as the lease is a contract between you and the landlord.

However, it may be possible for you to enter into an agreement with the landlord to terminate the lease whereby the tenant surrenders the lease. Please see the link below for an example.

The following are CA statutes:

1946. A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination. It shall be competent for the parties to provide by an
agreement at the time such tenancy is created that a notice of the
intention to terminate the same may be given at any time not less
than seven days before the expiration of the term thereof. The
notice herein required shall be given in the manner prescribed in
Section 1162 of the Code of Civil Procedure or by sending a copy by
certified or registered mail addressed to the other party. In
addition, the lessee may give such notice by sending a copy by
certified or registered mail addressed to the agent of the lessor to
whom the lessee has paid the rent for the month prior to the date of
such notice or by delivering a copy to the agent personally.

 

1946.1. (a) Notwithstanding Section 1946, a hiring of residential
real property for a term not specified by the parties, is deemed to
be renewed as stated in Section 1945, at the end of the term implied
by law unless one of the parties gives written notice to the other of
his or her intention to terminate the tenancy, as provided in this
section.
(b) An owner of a residential dwelling giving notice pursuant to
this section shall give notice at least 60 days prior to the proposed
date of termination. A tenant giving notice pursuant to this section
shall give notice for a period at least as long as the term of the
periodic tenancy prior to the proposed date of termination.
(c) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if any tenant
or resident has resided in the dwelling for less than one year.
(d) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if all of the
following apply:
(1) The dwelling or unit is alienable separate from the title to
any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a
bona fide purchaser for value, and has established an escrow with a
licensed escrow agent, as defined in Sections 17004 and 17200 of the
Financial Code, or a licensed real estate broker, as defined in
Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has
been established.
(5) Notice was not previously given to the tenant pursuant to this
section.
(6) The purchaser in good faith intends to reside in the property
for at least one full year after the termination of the tenancy.
(e) After an owner has given notice of his or her intention to
terminate the tenancy pursuant to this section, a tenant may also
give notice of his or her intention to terminate the tenancy pursuant
to this section, provided that the tenant's notice is for a period
at least as long as the term of the periodic tenancy and the proposed
date of termination occurs before the owner's proposed date of
termination.
(f) The notices required by this section shall be given in the
manner prescribed in Section 1162 of the Code of Civil Procedure or
by sending a copy by certified or registered mail.
(g) This section may not be construed to affect the authority of a
public entity that otherwise exists to regulate or monitor the basis
for eviction.
(h) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.

1161. A tenant of real property, for a term less than life, or the
executor or administrator of his or her estate heretofore qualified
and now acting or hereafter to be qualified and act, is guilty of
unlawful detainer: