What Is Fair Compensation to a Tenant for Breaking a Lease?

If your owner moves in, you may be entitled to compensation.


California law says your landlord can't throw you out into the street. Instead, she has to go through the legal process necessary to evict you. Depending on the reason she gives the courts, state law may not grant you any compensation. Some cities, such as San Francisco, are more generous than the state.

Just Cause

A California landlord can terminate the lease with advance notice if, say, you've failed to pay rent, broken the lease terms, assaulted other tenants or damaged the rental. He can also break the lease with a "no-fault" eviction if, for example, he's demolishing the apartment building or wants to put a family member into your unit. Whatever the reason, if you don't leave voluntarily, he has to go to court to evict you. If you were at fault, you don't get compensation.

No-Fault Evictions

Under San Francisco law, landlords who invoke a no-fault reason for eviction have to provide compensation. As of mid-2013, the payment was around $5,200 per tenant for relocation costs. This only works if you're officially evicted -- if you just move out before the eviction goes through, there's no money. In Los Angeles, compensation ranges from $7,000 to over $18,000, depending on your circumstances, your income and whether the owner is a corporation or a "mom and pop" landlord.

Illegal Eviction

If your landlord tries to evict you without legal grounds, or attempts to drive you out -- changing the locks, for instance -- you can fight back in court. If you win, that stops the eviction process. You can still sue after you've been evicted, asking compensation for your moving costs and other expenses, plus punitive damages. If you learn the landlord evicted you from discrimination -- your race or gender, for instance -- you can sue for damages on that ground too. How much you get depends on the court.

Security Deposit

Even if your landlord evicts you, that doesn't entitle him to keep your security deposit. He can keep as much of the money as necessary to cover your unpaid rent, or damages and cleaning, but no more. If the unit was damaged or soiled before you moved in, he only gets to spend your deposit bringing it back to that condition, not to repair problems caused by previous tenants. You're entitled to a refund within three weeks of moving out, or an explanation of what he did with the money.

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