San Diego has a large military community, with Naval Base San Diego alone serving as homeport to about 60 ships and more than 200 tenant commands (Naval Base San Diego). Orders arrive, deployments are scheduled, and leases have to end early. For civilians, the reasons are different, but the question is the same: what will it cost to leave?
At a median gross rent of $2,313 a month, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora San Diego dataset, Table B25064), every month matters. This guide covers the federal rules for servicemembers, the California statutes that let any tenant end a lease in specific situations, and how California limits what a landlord can collect when you simply need to move.
Homzora is a housing research publisher, not a law firm. This article explains federal and California law in plain English and is not legal advice for your situation.
Servicemembers: the federal right to terminate
The Servicemembers Civil Relief Act allows a servicemember to terminate a residential lease in qualifying circumstances, including when the servicemember receives permanent change of station orders or orders to deploy with a military unit for a period of 90 days or more, and when a lease was signed before entering military service (50 U.S.C. § 3955). The statute sets its own requirements for written notice, a copy of the orders, and the effective date of termination. Your installation’s legal assistance office can review your orders and draft or check your notice at no cost.
A sample notice
Date: 2026. To: [landlord]. Re: Lease for [address, unit]. I am a member of the [branch] and have received [permanent change of station orders, or deployment orders for 90 days or more], a copy of which is enclosed. Under the Servicemembers Civil Relief Act, 50 U.S.C. § 3955, I am terminating my lease. Please confirm the effective date of termination in writing. My forwarding address and refund details for my security deposit are [details]. Sincerely, [name].
Have your legal assistance office review the notice before you send it, since the effective date depends on how rent is paid and when notice is delivered.
Your deposit when you leave on orders
California’s deposit rules still apply. Since January 1, 2026, if you paid rent or your deposit electronically, the landlord generally must return the remaining deposit electronically to an account you designate in writing, unless you agree in writing to another method (Cal. Civ. Code § 1950.5(h)). That is especially useful if you are already across the country when the refund is due 21 days after you vacate.
California’s statutory termination rights
Survivors of violence and certain crimes
Under Civil Code Section 1946.7, a tenant may end a lease when the tenant, a household member, or an immediate family member was a victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or certain other crimes involving bodily injury, a deadly weapon, or force. Written notice with qualifying documentation is required, generally within 180 days of the order, report, or act. The tenant owes rent for no more than 14 calendar days after notice, and the landlord may not keep the deposit because of the termination (Cal. Civ. Code § 1946.7). The National Domestic Violence Hotline is available at 800.799.7233 (National Domestic Violence Hotline).
Untenantable conditions
If defects make the unit untenantable and the landlord fails to repair them within a reasonable time after notice, the tenant may repair and deduct up to one month’s rent or vacate and be discharged from further rent, no more than twice in 12 months (Cal. Civ. Code § 1942). California also prohibits retaliation within 180 days after a good faith repair request or complaint to a government agency, if the tenant is not in default on rent (Cal. Civ. Code § 1942.5).
Civilians leaving for other reasons
A new job, a home purchase, or a move to be closer to family is not a statutory termination ground. If you leave before the lease ends, Civil Code Section 1951.2 lets the landlord recover rent and related losses, but subtracts the rental loss you prove could have been reasonably avoided. Rent for the rest of the term after a court award is recoverable only if the lease expressly allows it or the landlord relet the unit and proves reasonable, good faith mitigation (Cal. Civ. Code § 1951.2).
Using the market in your favor
About 279,300 San Diego households rent, a majority of the city’s occupied homes (Table B25003), and the steady turnover of military and student renters keeps demand active. Help the landlord rerent quickly:
- Give written notice as early as possible.
- Refer qualified applicants, including colleagues relocating to the area.
- Keep the unit clean and accessible for showings with proper notice.
- Track when your unit is listed and when a new tenant moves in.
- Ask for a written agreement ending your obligations if the landlord will accept one.
San Diego’s Tenant Protection Ordinance
San Diego’s Residential Tenant Protection Ordinance, effective June 24, 2023, governs when a landlord may end a tenancy and requires relocation assistance for no fault terminations: two months of actual rent, or three months for tenants who are 62 or older or disabled (Legal Aid Society of San Diego, Tenant Protection Ordinance FAQ). The ordinance addresses terminations by the landlord. It does not create a right for a tenant to end a lease early, but it matters if your landlord is the one asking you to leave.
Month to month tenants
A month to month tenant can end the tenancy with at least 30 days’ written notice given at any time, and owes rent through the termination date (Cal. Civ. Code § 1946).
Help in San Diego
The Legal Aid Society of San Diego provides free legal help to eligible residents (Legal Aid Society of San Diego). Servicemembers should start with their installation legal assistance office.
A sample notice under Section 1946.7
Date: 2026. To: [landlord]. Re: [address, unit]. Under California Civil Code Section 1946.7, I am giving notice to terminate my tenancy. Attached is [a copy of a protective order, a police report, or a statement from a qualified third party], which relates to an act that occurred within the past 180 days. I understand I am responsible for rent for no more than 14 days after this notice. Please keep this information confidential as the law requires. My forwarding address for my security deposit is [address]. Sincerely, [name].
Section 1946.7 sets the documentation and timing requirements, and it limits the landlord’s ability to disclose your information (Cal. Civ. Code § 1946.7). A domestic violence advocate or legal aid office can help you prepare the notice safely.
Before you sign your next lease
- Read the early termination and subletting clauses, and ask how the landlord handles replacement tenants.
- Ask whether the rent is covered by the statewide cap or local rent control, so you know how much it can rise if you stay.
- Note how much notice the lease requires to move out at the end of the term.
- Photograph the unit on move in day, even though landlords must now do so too for tenancies beginning on or after July 1, 2025 (Cal. Civ. Code § 1950.5(g)).
Common mistakes when leaving early
- Moving out without written notice. Notice starts the clock on rerenting and protects your deposit.
- Stopping rent before any agreement. Unpaid rent can lead to eviction proceedings and damage your rental history.
- Not keeping evidence of the landlord’s reletting efforts. Under Section 1951.2, you bear the burden of proving the loss that could have been avoided.
- Relying on a verbal release. Get any agreement to end your obligations in writing.
Frequently asked questions
My orders are for a temporary assignment. Can I still terminate?
The SCRA’s lease termination right turns on the type and length of the orders, such as deployment for 90 days or more (50 U.S.C. § 3955). Ask your legal assistance office whether your orders qualify.
My landlord says I owe rent for the rest of the year. Is that right?
Not automatically. Section 1951.2 subtracts losses that could have been reasonably avoided and limits recovery of future rent (§ 1951.2).
How quickly do I get my deposit back?
Within 21 calendar days after you vacate, with an itemized statement for any deductions (§ 1950.5(h)).
If my landlord ends my tenancy for a no fault reason, do I get anything back later?
Under San Diego’s ordinance, as summarized by the Legal Aid Society of San Diego, a no fault termination notice must tell you of your right to a renewal offer if the unit is offered for rent again within five years, and you must notify the landlord in writing within 30 days of the termination notice if you want that offer (LASSD FAQ).
Does my landlord have to give notice before showing my unit to new applicants?
Yes. California generally requires advance notice before a landlord enters, with entry during normal business hours except in listed situations (San Mateo County, Tenant Protections under California Law). Cooperating with properly noticed showings helps the unit rerent faster, which reduces what you may owe.
Sources
- 50 U.S.C. § 3955, Legal Information Institute
- California Civil Code § 1946.7
- California Civil Code § 1942
- California Civil Code § 1942.5
- California Civil Code § 1951.2
- California Civil Code § 1946
- California Civil Code § 1950.5
- Legal Aid Society of San Diego, Tenant Protection Ordinance FAQ
- Naval Base San Diego
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, via Homzora
- Legal Aid Society of San Diego
- National Domestic Violence Hotline
- San Mateo County, Tenant Protections under California Law