Legal Question in Landlord & Tenant Law in California

Hello,

I would like to know if i can move out of my apartment, that i am renting right now, without breaking the law and having my landlord making me pay extra fees or making me stay.

I have been a tenant in this apartment for almost 3 years. My landlord makes me sign a new lease each year. The last time i signed was last month, for a 1 year lease. For personal reasons, i would like to move to a different place now: my neighbors are loud, the market went down and my landlord doesn't want to reduce the rent... so nothing legal to break the lease.

On my lease contract, under the section "notice of termination/death", it is written "Renter shall give owner 30-days written notice of intent to vacate the premises at the end of the lease term, at least 30 days before the end of the term and renter shall be liable for payment of rent through the later of: The end of the term, The expiration of the 30-day notice or The date of vacating the premises. Renter's death shall allow Owner to re-rent the premises for the balance of the lease term or take possession of owner's benefit" .

In addition, I would like to say that i asked for that contract and that I didn't sign on each page but only the last one, and that the landlord added a paper for me to sign which asks for my signature to acknowledge that I've received a copy of the contract.

I would like to know if I can give a 30-day notice to my landlord, and leave before the end of the lease, or if i actually leave, do I have to pay for the rents until the end of the 1 year lease?

thank you

best

vincent


Asked on 9/25/09, 5:34 pm

2 Answers from Attorneys

You can leave any time you want, but when you have a lease you will be responsible for the rent until the landlord can find a new tenant. The landlord must take reasonable steps to find a new tenant as quickly as possible. You also will be responsible for the landlord's costs of re-renting the property.

The provision you quote is related to holding over after the expiration of the lease. If you were coming up on the end of the lease and wanted to end it then, you have to let the landlord know you are not going to renew or go to month-to-month within 30 days of the end of the lease.

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Answered on 9/25/09, 5:45 pm
George Shers Law Offices of Georges H. Shers

Your argument that the additional page and your not signing every page invalidates the has no legal justification. Nor did the landlord "force" you to sign a year lease; you could have told him that you wanted a month to month lease. As you admt, you want to leave because you think you can filnd a cheaper rental. That may very well be true, but you also lhave the moving costs involved and the lack of a recommendation by your current landlord in order to find a decent place to rent. A rental contract is no different then any other contract, the parties sign them wilth the apparent intent that they be carried out.

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Answered on 9/25/09, 8:17 pm


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