b.

Guide

Leaving your San Francisco lease early.

Plans change. Here is how getting out of a lease works in San Francisco, what you may still owe, and how to find someone to take over your place.

Last reviewed October 5, 2026. General information, not legal advice.

You are not alone. In San Francisco, 22.6% of people living in rented homes moved within the past year, according to the Census Bureau’s 2024 American Community Survey. Nationally, about one in four renters has lived in their home for a year or less.

Can I get out of my lease early?

Usually, yes, but a lease for a fixed term is a promise to pay rent until it ends. You have four common ways out:

  • Agree with your landlord. Ask for an early termination agreement in writing. Some landlords accept a fee or a notice period.
  • Find a replacement. Someone takes over your lease, or rents your place for the rest of the term, with your landlord’s approval.
  • Use a legal right to leave. California and federal law let some tenants end a lease early. See when you can leave without owing rent.
  • Move out and limit what you owe. Your lease ends when you leave, but you can still owe rent until the home is rented again.

What do I owe if I leave early?

Under California Civil Code section 1951.2, a landlord can recover the rent you would have paid, minus the rent loss you prove could reasonably have been avoided, plus other losses your move caused. In practice, the landlord should try to rent the home again, and the strongest way to keep your costs down is to offer a qualified person ready to move in.

Check your lease for a clause based on Civil Code section 1951.4. If it is there and your lease allows subletting or assignment with reasonable conditions, your landlord can keep the lease in force and collect rent as it comes due. Then finding a replacement is your way out.

Lease takeover, assignment or sublet?

In a sublease, your lease stays in place and you act as the landlord to your subtenant, who pays you. In an assignment, you transfer your rights under the lease to someone else, who then deals with the landlord directly. A lease takeover usually means an assignment, or a new lease the landlord signs with your replacement.

Either way, you can stay responsible for the lease unless the landlord releases you in writing. The California Department of Real Estate guide for tenants explains that a full release takes a written agreement among you, the new tenant and the landlord.

Does my landlord have to approve?

Almost always. Read the subletting and assignment clause in your lease first. California’s statute saying consent may not be unreasonably withheld (Civil Code section 1995.260) is written for commercial leases, and whether the same rule protects people renting homes is not settled, so ask early and get the answer in writing.

San Francisco’s Rent Ordinance protects replacing a departing roommate while at least one tenant stays. It does not let a tenant sublet or assign the entire unit against the lease, and it does not cover sublets shorter than 30 days for tourist or transient use. If you are replacing a housemate, read how to replace a roommate in San Francisco.

Can the rent go up for the next tenant?

Sometimes. Under the Costa Hawkins Rental Housing Act (Civil Code section 1954.53(d)), once the original occupants no longer live in a rent controlled unit, the owner may set a new rent for a sublessee or assignee. California’s statewide rent cap also resets when no tenant from the prior tenancy remains. Tell anyone taking over your place, and ask the landlord to put the rent in writing before they commit.

Your security deposit is held for the tenant on the lease. With an assignment, settle the deposit with your landlord or your replacement in writing. Since July 1, 2024, most California landlords can collect no more than one month of rent as security (Civil Code section 1950.5).

When can I leave without owing rent?

  • Safety. Under Civil Code section 1946.7, a tenant who is a victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain violent crimes, or whose household member is, can end the lease with written notice and documentation such as a protective order or police report. You owe rent for no more than 14 days after giving notice.
  • Military service. Under the Servicemembers Civil Relief Act (50 U.S.C. section 3955), a servicemember who enters service, or receives orders for a permanent change of station or a deployment of 90 days or more, can end a lease with written notice and a copy of the orders. A lease with monthly rent ends 30 days after the next rent due date following notice.

How do I find someone to take over?

  1. Read your lease. Find the subletting, assignment and early termination clauses.
  2. Talk to your landlord early. Ask what a replacement needs: an application, screening, a new lease.
  3. Post your place. Describe it honestly with the rent, dates and whether the landlord has approved. On b. it’s free, and renters reach you privately.
  4. Show it. In person or by video, and introduce serious candidates to your landlord.
  5. Get it in writing. The landlord’s approval, the new lease or assignment, your release from the lease, and how the deposit is handled.
  6. Hand over the keys only after the landlord confirms the new tenant.

How do I avoid scams?

The Federal Trade Commission warns about rental scams that use hijacked listings, owners who are supposedly out of the country, and demands for payment by wire transfer, gift card or cryptocurrency. See the place in person or send someone you trust, confirm the person is on the lease, contact the landlord through information you find independently, and never pay to hold a place before you have seen it and read the documents.

Leaving soon?

Post your place on b. in a few minutes. It’s free, your email stays private, and renters can find it by searching with b. in ChatGPT and Claude and on the web.

Post your place

Looking for a place instead? See lease takeovers in San Francisco.

Sources.

This guide is general information about California and San Francisco law as of the date above, not legal advice. For help with your situation, contact the San Francisco Rent Board or a lawyer.

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