Legal Question in Credit and Debt Law in California
I rent an apartment in Paris France. I live in San Francisco California. I sublet my Paris apartment to a women at Vanderbuilt University in Tennesee, for the period of September 2009 to June 2010. October 2009, she moved out complaining of noise from construction next door as her reason. However it is know she found a less expensive place. She has broken our contract to rent through June and I have lost income. I now must give up the apartment or pay 1500 Euros (approx. $2,200) per month rent, plus approx. $120 per month for cable/phone/internet. Do I have any rights under US law to recoup the loss income from a breech of contract?
1 Answer from Attorneys
Interesting question, but first you need to determine where you could bring suit. You could bring suit where the defendant resides, where the agreement was made and obviously Paris where the property is situated. If you had a jurisdiction/venue clause in your lease then you could bring the action there.
Only after determining where you would bring suit could someone could give you an answer as to your rights. If you had a basis for jurisdiction in CA you could sue her for breaking the lease, but you would be required to make reasonable efforts to re sublet the place to minimize your losses. The laws in other states and in France maybe different and you would have to consult someone in those jurisdictions as my answer is limited to California law and I express no opinion as to any other jurisdiction.
Hope that helps and good luck..
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