Legal Question in Landlord & Tenant Law in California
in California
can a tenant terminate their lease by themselves in writing so we can avoid litigation and court costs if not is there another way like moving out for a day or two and come back but stay there with no keys for two weeks and then get out completely
if not any other creative way?
2 Answers from Attorneys
I do not understand why you are looking for some clever method for a tenant to terminate the lease. All a tenant need do is give 30 days notice in writing to the landlord and move out by the 30th full day.
I'm not sure what Shers is thinking, but he is wrong. That only works for a tenancy with no lease, just a verbal or written month-to-month rental agreement. If there is a lease it is for a term, and does not end until that term is up. With that said, I'm not sure why you think a legal obligation to pay rent can just evaporate if you play some game about moving out and moving back and keys. A lease is a contract, you breach the contract you pay or get sued. The landlord must make commercially reasonable efforts to find a new tenant and the breach of lease damages end once he moves someone else in, but until then you are on the hook for the rent, period. No game, no creativity will change that.