California Agreement to Cancel or Terminate Lease

State:
Multi-State
Control #:
US-02817BG
Format:
Word; 
Rich Text
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Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The California Agreement to Cancel or Terminate Lease is a legal document that outlines the terms and conditions for terminating a lease agreement in the state of California. This agreement provides a mutually agreed upon method for canceling or terminating the lease, ensuring that both the landlord and tenant have a clear understanding of their rights and responsibilities. There are several types of California Agreement to Cancel or Terminate Lease, depending on the specific circumstances and terms of the lease agreement. Some common types include: 1. Early Termination Agreement: This type of agreement is used when both the landlord and tenant agree to terminate the lease before the agreed-upon end date. It specifies the terms and conditions for the early termination, such as any penalties or fees that may apply. 2. Mutual Termination Agreement: A mutual termination agreement is typically used when both parties mutually agree to terminate the lease. It outlines the terms and conditions under which the lease will be terminated, including any monetary settlements or obligations. 3. Lease Cancellation Agreement: This type of agreement is used when one party wants to cancel the lease unilaterally. It outlines the reasons for cancellation and any consequential obligations or penalties. 4. Termination Due to Breach: In cases where one party has breached the terms of the lease agreement, the California Agreement to Cancel or Terminate Lease can be used to terminate the lease. This agreement addresses the specific breaches and specifies the actions to be taken for termination. In general, the California Agreement to Cancel or Terminate Lease should include essential details, such as the names and contact information of both the landlord and tenant, the lease start and end dates, the reason for termination, the agreed-upon termination date, any fees or penalties, and the signatures of both parties involved. It is important to note that the specifics of the California Agreement to Cancel or Terminate Lease may vary depending on the unique circumstances of each situation. Therefore, it is highly recommended consulting with a legal professional to ensure that all relevant laws and regulations are correctly followed when drafting or executing such agreements.

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FAQ

You must generally give your landlord notice (usually 30 to 60 days) and you may be required to pay a penalty such as one month's rent. Early termination clauses are fairly common.

In California, 30-day notice to vacate the rental property is permitted for tenants that have lived in properties for less than a year or have a month-to-month tenancy agreement. In California, a 60-day notice to vacate is required for tenants residing for a year or more at the property.

The rules differ depending on which type of rental agreement exists between landlord and tenant. Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.

Unless the rental agreement provides a shorter notice period, a California tenant must give their landlord 30 days' notice to end a month-to-month tenancy.

In California, when rental property owners increase a tenant's rent more than 10 percent, the owner must provide the tenant with a 60-day advance written notice. For an increase in rent that is greater than 10 percent, owners must provide tenants with at least 60- days' advance notice.

Can I terminate my lease due to COVID-19? general the COVID-19 outbreak is NOT a legal basis to terminate a lease. Similarly, UC Berkeley's decision to offer online-only instruction during the 2020 spring semester, financial hardship, and mental distress generally are NOT grounds to terminate a lease.

A landlord can terminate a lease in California and evict a tenant for violating the rental agreement (such as getting a pet that is not allowed), failing to pay rent, major damage to the unit, or committing a crime. They must give written notice, however, to terminate a lease with cause.

Specifically, you must give the landlord the same amount of notice as the number of days between your rent payments. For example, if you pay monthly rent, you are required to give a 30-day written notice. You don't need to give a reason for your decision to not renew.

More info

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California Agreement to Cancel or Terminate Lease