Legal Question in Business Law in California

Rental Lease Agreement and Liquidated Damages

I entered into a 6 month Rental Lease Agreement for apartment furniture. I've had the furniture for 3 weeks and now I need to move immediately.

The Liquidated Damages clause states that I must pay for the entire 6 months.

I can understand some payment but the entire 6 months seems excessive. Do I have to pay the entire contract amount?


Asked on 9/11/06, 5:43 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Rental Lease Agreement and Liquidated Damages

Probably. Most liquidated damages clauses are enforceable. The only ones which aren't are those which are improperly drafted, manifestly unreasonable and/or punitive. I don't have enough facts to say whether yours would fall within any of these categories, but the odds are heavily against you.

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Answered on 9/11/06, 6:07 pm


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