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sedave · Mar 8, 2009, 10:02 AM

Hi
I am living in Californiaand have sined a 12-month lease of which I am not trying to get out (9 months left) of because I am moving to Las Vegas. I know I am liable for the 12 months.
I signed a lease for $2300/month plus ONE month free. So in effect it costs $2100/month.
I am able to find a tenant who will sign a 12 month lease at $2100 and I will put in the other $200 to make it $2300 per month.
The landlord are being difficult and are advertising the unit for $2400/month almost 15% more. They are forcing me to change my ad and not advertise for $2100 and they will not accept those tenants. Now I am able to limit everyone's damages but they are preventing me from doing so. They are being very difficult - where mathematically everything works out even. They can sign a lease for 12 months at $2100 and then raise the rent after 12 months to $2400 or get a new tenant.
Please help !
Thanks
Saul

sedave · Mar 8, 2009, 10:04 AM

Hi
Does anybody know what it means if the pages of a lease are NOT initially by ALL parties who signed the lease ? Is it not required - could I do not just then move a page or add a page to a lease.
Thanks
Saul

ScottGem · Mar 8, 2009, 10:07 AM

Will they permit a sublet? You made a mistake in the way you dealt with this. I would have advertised the rental for the $2300 with a $200 a month rebate.

The landlord is within its rights to not sign a lease for less than you signed for. So you should have made a SEPARATE agreement with prospective tenants to pay them a $200 rebate for 9-12 months. Now, if the landlord's insist that you sign a tenant for $2400 then do so and offer a $300 rebate.

ScottGem · Mar 8, 2009, 10:12 AM

Its not necessary for each page to be initialed. Since both parties should have a copy, and differences between them would have to be adjudicated.

sedave · Mar 8, 2009, 10:27 AM

Originally Posted by ScottGem

Will they permit a sublet? You made a mistake in the way you dealt with this. I would have advertised the rental for the $2300 with a $200 a month rebate.

The landlord is within its rights to not sign a lease for less than you signed for. So you should have made a SEPARATE agreement with prospective tenants to pay them a $200 rebate for 9-12 months. Now, if the landlord's insist that you sign a tenant for $2400 then do so and offer a $300 rebate.

Thanks Scott. I have changed my advert to $2300 - and did tell the tenant I will give them the $20 per month . Are they able to stop me from advertising ? Am I within my right ?
What if I bring them a tenant for $2300 and they refuse to sign the lease ? Is it not their right to mitigate damages ?

ScottGem · Mar 8, 2009, 10:32 AM

If you have 9 months remaining on the lease, they can't require a raise in rent until your initial lease expires. However, they do have the right to refuse a tenant if their background checks reveal something negative. If you present them with a perfectly good tenant and they still refuse him, then you can argue when they sue you for the balance of the lease that they did not make a good faith effort to find a new tenant.

JudyKayTee · Mar 8, 2009, 10:44 AM

Originally Posted by sedave

Hi
Does anybody know what it means if the pages of a lease are NOT initially by ALL parties who signed the lease ? Is it not required - could I do not just then move a page or add a page to a lease.
Thanks
Saul

This should be combined with your other thread as it is obviously part of the same problem and part of your same attempt to get out of your lease.