Legal Question in Landlord & Tenant Law in California

break lease -LL is picky about replacement

I am a poor student studying at UC san diego. I rent a bedroom in a house and signed a one year lease. (The LL also lives in the house) The rent is $600 monthly. I recently lost my job so I can't afford to live in a bedroom by myself anymore, so i must move out to a cheaper place. The LL said I could move out if i find someone else to replace me. So i posted the ads on Craigslist and many people reply and are interested in looking at the place. But the LL do not allow me to bring those ppl interested in the room because he wants to interview them first. When he interviews them, he gives them extremely bad attitude and sets up all these ridiculous rules (which are not included in my lease!!) and scare away most of the potential tenants. He is also gonna raise the rent by $100.

Theoretically this place is so easy to rent out, but I am having a hard time finding a replacement because the LL is always in the way.

Bascially, LL just wants to eat my deposit after I move out (citing i broke the lease and didn't find replacement), and he can easily find another tenant. I want to take him to court, but do i have legal grounds? Thanks


Asked on 8/09/07, 3:47 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: break lease -LL is picky about replacement

Thanks for being detailed, as it makes answering a lot easier.

In my opinion, you are in a very difficult spot. As far as taking him to court, that is easy as you can do it relatively quickly. BUT, you have so far suffered no damages you can prove (mental anguish does not count).

You basically have your word vs. his word, and depends on whose word the judge believes.

When does your lease end? How much is the deposit? E-mail my office (or call) with the answers to this, and I can give you further advice.

I strongly suggest you retain an attorney to write a strong letter to this miserly landlord. It might be a good idea to see if the local Legal Aid Society will help you.

Good luck!

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Answered on 8/09/07, 9:20 am


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