PDA

View Full Version : Breaking a lease in California


NMbound
Sep 19, 2013, 11:26 AM
Hi I just renewed my lease for another year and have 11 months left on the lease. How much can the landlord hold me responsible for? The whole balance of the lease or until the property can be rented if within the terms of the lease.

smoothy
Sep 19, 2013, 11:32 AM
They can hold you liable for the rent until they can find a new renter or the lease expires whichever comes first.. and they do actually have to look for one.

Oliver2011
Sep 19, 2013, 11:32 AM
Read the lease. It is covered under the agreement.

LisaB4657
Sep 19, 2013, 11:34 AM
If your lease does not contain a clause about breaking the lease early, the common law rule is that you are responsible for rent until the landlord re-rents the property or the term of your lease ends, whichever occurs first. In addition the landlord has to make a good faith effort to re-rent the property.

If you need to get out of your lease your best option is to talk to the landlord and see if you can agree on a lease-break amount such as forfeiting your security deposit. If you can't agree then possibly the landlord will allow you to find a new tenant to take over your lease or sublet the property.

ScottGem
Sep 19, 2013, 01:18 PM
As far as I know, there are only two ways to legally "break" a lease. One way is if the landlord is in substantial breach of the lease. The other way is if you are in the military and being deployed outside the area.

I don't count a buyout clause as breaking the lease since its written into the lease.

So you have three choices:

1) Negotiate a buyout with the landlord. This is usually for 2 months rent.
2) Sublet. If the lease permits find a tenant to sublet. You still pay the rent, but the sub ket pays you. Could be more or less than your actual rent.
3) Find a replacement. Find someone to take over the lease. The landlord will have to agree to that person.

As noted, you are responsible for the rental until the lease expires or the landlord re-lets the unit. The landlord does have to make a good faith effort to find a new tenant. .

AK lawyer
Sep 19, 2013, 02:34 PM
...
2) Sublet. If the lease permits find a tenant to sublet. You still pay the rent, but the sub ket pays you. Could be more or less than your actual rent.....

If the lease allows subletting.

ScottGem
Sep 19, 2013, 03:27 PM
If the lease allows subletting.

That's what I said.