Can my landlord break my lease to move back into her condo?

Full question:

I signed a one year lease in Jan 2007 when my landlord rented me her condo because her husband, who is in the Army, was sent to Kansas. Now her husband has been sent to Iraq and she moved back to California. She can't find a rental that will allow for her dogs so she said she has to break our lease and move back into her condo. Is this legal in the state of California? I know that a landlord can ask you to move at anytime to move back into her condo but I thought that was only AFTER the lease it up?

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

Answer:

To understand your situation, review your lease agreement for details about termination rights. Generally, in California, a landlord cannot break a one-year lease early without cause unless specified in the lease. According to California law, a landlord must typically provide notice to terminate the lease at the end of the term, unless the tenant has violated the lease terms. Specifically, California Civil Code § 1946 states that a lease is renewed unless one party gives written notice of termination at least as long before the expiration as the lease term itself, not exceeding thirty days. For month-to-month tenancies, either party can terminate with at least thirty days' notice. Therefore, unless your lease allows for early termination or you have violated its terms, your landlord cannot legally break the lease to move back into her condo.