Legal Question in Landlord & Tenant Law in California

Re: Apartment complex wants additional money

Unless the lease agreement provides for that penalty, the amount that remains on the lease should be reduced by the rent during that time that they collect from a new renter. Also, they can add the cost of processing the new tenant and advertising. Perhaps that is their estimated cost for doing so. Check your written agreement.

Re: Apartment complex wants additional money

They can ask for the rent until they get a new renter plus any costs associated with obtaining a new renter. Having said that, it is not too difficult to catch a dishonest landlord lying about not being able to obtain a new renter. Sometimes landlords will raise the rent or require a tenancy that is longer than the balance left on yours.

Re: Apartment complex wants additional money

If you surrender the property prior to the expiration of your lease, you can be held liable for rent from the day you leave, until the apartment is re-let by the landlord (plus the reasonable costs associated with re-letting the apartment). The landlord does have an affirmative duty to try to fill the apartment, but any lost rent through the end of your lease is going to be your responsibility. Depending upon how much your rent is, $4,000 might be excessive, or it could be a pretty accurate estimate. I would not, however, pay a "fee" up front for breaking the lease, as that is generally not the landlord's measure of damages when you break your lease.

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