Legal Question in Landlord & Tenant Law in California

I rented to a tenant on a month to month lease (California). My lease says "Tenant may terminate this lease without penalty if the tenant gives at least 30 days' notice."

However, elsewhere it the lease it says: "If this lease is terminated for any reason less than six months from inception, tenant agrees to pay a "Re-Rent" fee of $150 to offset manager's time and expense in finding a replacement tenant."

Tenants gave a 30 day notice on June 5th and vacated July 5th. Since tenants terminated before six months, I charged them $150 for a rent up fee.

Does anyone disagree with my right to charge this $150 fee? What about my termination clause that says the tenant can terminate "without penalty" with 30 days notice. Could my $150 charge be interpreted as an unallowable penalty? Thanks


Asked on 7/19/10, 6:59 pm

1 Answer from Attorneys

There is a fundamental rule of contract interpretation that any ambiguity in a contract is resolved against the party that drafted it or had it drafted, or otherwise chose the language. I suggest you forget about the $150 on this one, and consider it your "attorneys fees" for telling you to re-write your agreement. Put the two clauses together in the same place, and put the word "except" between them.

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Answered on 7/19/10, 10:10 pm


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