I'm a teacher in the Ca public school system. Last Nov. I signed a year lease for a rental house. Due to low enrollment in the district, the class I teach will be closed next year and I don't have tenure so I was forced to seek a teaching position elsewhere. I applied and interviewed all over the place, but the only offer came from a place 2 1/2 hours away so I must relocate this summer. The landlord said I could get out of the lease if they find someone else to rent it. They are advertising, but they are raising an already high rent by $50, the air-conditioner doesn't work so I'm miserable, and there is no one interested so far. I'm afraid no one will rent it and I have to move to work, its not a choice to seek employment elsewhere. What are my options? Do I have any? Can I get my deposit back.
Frustrated in Modesto.

Hello lion:

Can you get your deposit back?? Sure. However, your deposit covers damage - not rent. But, if you break your lease, they will use your deposit to cover the rent you're going to owe, plus they'll sue you for the damages if there are any.

excon

All you can do is hope they fnd someone, or pay off the landlord. You signed a lease for a year, and if your landlord can't re let it before you leave, he shouldn't be left out of pocket because you have to leave early. He has every right to raise the rent if he wants to, maybe it doesn't seem fair, but it will be him having to re let the property, deal with a new tenant, new paperwork, new inventory, and repairs due etc, so many landlords wouldn't let you out of a lease early for these reasons! All you can really do is keep your fingers crossed. As for repairs to the air , just harass him, and check your lease to see what it says about repairs being due etc, he may have to carry out repairs within a certain time, its worth a look. You should get your deposit back as long as there is no damage and your rent is fully paid.

Hello again, lion:

I see that I didn't give you a lot of hope... Well, there's ALWAYS hope. And, there's always something to do.

Legally, you're stuck... Maybe... (That's why I love the law - there's always a maybe).

You're landlord, however, isn't off the hook here either. The law says that he must "mitigate" your damages. That means that he must try to rent the apartment as soon as possible.

Sure, in ordinary circumstances, he can raise the rent as high as he wants. However, in THIS circumstance, I'm not sure if he can. Certainly, if you can show a court that he just bumped the rent up so that it wouldn't rent... Well, a judge won't like that.

Certainly you're not going to give up the job over the apartment, so you ARE going to leave. I would write a letter to the landlord. In it tell him that you believe his raising the rent to be in violation of the mitigation clause of your states landlord tenant law. Therefore, you will be vacating on _____. You will be expecting your security deposit back in full and if you don't get it in a timely manner, you'll sue. Send it certified, return receipt requested.

Yeah, yeah, it's all hype... Sorry if you thought business was anything but.

excon