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LaLa | Need to break lease, but it's not stated that I can't. Do I still have to pay until they find new tenants? |
I need to move out early. My lease agreement is very very brief and only 1 page. It does not mention any
"penalties" to breaking it.
It states that it's a 1yr contract, and at the bottom the only thing it mentions about moving out is that I am required to give 30 days notice (of course) once on a month-to-month basis.
I have signed many leases and they all have been extremely detailed and atleast 5 pages long and ALWAYS stated that if the tenant were to break the agreement then the tenant shall pay the rent whether they are occupying or not until a new tenant has been found. These are usually referred to as "rental damages".
Since my lease agreement doesn't mention this does it mean I have to pay? Is this a California law? Will the landlords take me to court to get the rent? (four months left).
Also I talked w/my landlord & explained the situation. She said that she wants ME to advertise her home and find them a new credible tenant and she'll let us go, can they do that?
Is there a gov. web site for CA you could recommend?
Additional Details
Thanks everyone you are very imformative and it makes sense to me now. I did sign to pay X$ for 12 months, therefore I have to.... |
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Expert Realtor
 |
The length of the lease has nothing to do with legalities.
You can't find provisions for a break-lease penalty b/c the LL doesn't plan to give you one, nor is he required to.
It doesn't mention you specifically paying the rent every month that you are gone it b/c it doesn't have to....you agreed to pay X dollars for 12 months, and that's it.
Yes, they can take you to court, yes, they will win.
Your LL has given you the option....you can either pay it, but if she advertises she can charge you for any and all costs associated with it...so, what's your pleasure? |
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Landlord
 |
You signed a contract. The contract you signed is the law you follow.
Your contract is for 12 months, no out clause. If this goes to court that is what you will end up paying, plus the legal fees as you agreed to this before you moved in.
The landlord can offer an out, which yours did. She made you a very generous offer, I suggest you take her up on it.
And, yes, she can let you out if she wants to. No law would stop her. |
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acermill
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There is no requirement that a lease contract state any terms for early termination of the lease. If no terms are stated, it is implied that there is no breaking of the lease. Your landlord is correct in asking you to find a suitable replacement tenant. You end up doing the work, and the final approval rests with the landlord involved. You are being treated very fairly. |
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estielmo
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You normally simply negotiate with the landlord. You have and you found the offer. I'd do as she requests, but be sure when she accepts the replacement she completely releases you from the agreement. |
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Marysue
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http://www.hud.gov/local/ca/renting/tenantrights.cfm |
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Trouble
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You are on the hook for the rent until a replacement tenant is found, as "rental damages".
Also included in "rental damages" are any costs the landlord incurs due to your breach of the lease. This can include advertising costs, agent fees (if the LL uses a rental agent to find a tenant), etc.
The landlord cannot force you to advertise, but you can be held liable for the cost.
Also the landlord can deny any potential tenant that you bring to them if the potential tenant does not meet their rental criteria (not credible).
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Judy1
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Yes you have to pay - what did you think signing a contract for one year meant? |
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Tim
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The landlord must make a reasonable effort to find a new tenant. You are responsible for the rent until they can get someone else to move in.
If you advertise, the chances of finding a new tenant fast are greater, but they can not force you to advertise.
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oliprofessor
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the most your landlord can do is require you to pay her the remaining number of months on the contract as it does stipulate that it's for 1 year, therefore this makes it implicit that you owe her whatever your monthly rent is * 12.
You have no obligation to do anything else; give her a written statement signed by yourself stating the exact date you will leave (obviously with time for the 30 days notice) and that you will settle the contract by paying her $x for the remaining unused time. |
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