Legal Question in Landlord & Tenant Law in California

I have to break the lease term-leaving USA on delegation

1. We have rented an independant house. The lease term is one year. 4 and half months have passed since we moved in.

2. We are being sent by office on delegation to another country for three years.

3. We gave one month notice to landlord.

4. Land lord tells us that we need to keep paying monthly rent until the lease period is over.

5. The lease rental agreement doesn't state any course of action as what will happen in case when the tenant breaks the lease for reasons. (especially like ours).

6. We told to keep our security deposit - 1 month rent equvilent.

7.We can't afford to pay rent monthly while not using the house and we would be in a different country.


Asked on 12/09/03, 2:16 am

1 Answer from Attorneys
Martin Snitow

Re: I have to break the lease term-leaving USA on delegation

You are normally responsible for the rent for the entire lease term; but the landlord has to find another tenant if he can. When a new tenant starts paying rent, you are liable for any difference in the rent if he is paying a lower rent than you did. You also owe the rent until the time the new tenant moves in and any cost of re-renting such as advertising or broker's commission.

If you know someone who might like to live there, you can offer that person as a substitute tenant. If you company is transferring you, perhaps they could help you find a new tenant or pay some of the rent. You might also have a lawyer review your lease to see if anything in it affects your right to terminate.

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Answered on 12/09/03, 2:36 am


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