Legal Question in Landlord & Tenant Law in California

breaking lease before it's due

Hi, I'm in Sacramento, CA., I'm moving to San Francisco due to a job relocation. My lease was for a year, but have only lived here for 6 months. Can we break the lease? would there be penalties?

Please advice. thnk you


Asked on 11/10/03, 9:47 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: breaking lease before it's due

You cannot break your lease without penalty any more than your landlord could have kicked you out because he found a renter who would pay more. That is what a lease is all about ... both sides are able to count on a renter or a fixed rent amount for a specific amount of time.

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Answered on 11/11/03, 12:15 pm
Robert Mccoy Law Office Of Robert McCoy

Re: breaking lease before it's due

First, talk to your landlord and ask him if he will let you out of the lease. If he says no, then just say, "Oh golly gee, I guess you got me. After all we got this lease agreement, and all." Then just stop paying your rent. Your landlord will get so mad that you have stopped paying your rent he will give you a 3-day notice to pay rent or quit. Within 3 days of receiving the notice, give your keys to the landlord and get a receipt that you turned the keys over. Then thank your landlord for being so kind a person as to have changed his mind like that. Then if your landlord tries to collect the balance of the lease term from you, sue him for violation of the Fair Debt Collection Practices Act. With all the money you get from the judgment against him, buy your landlord a present and say "thanks again and merry christmas!"

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Answered on 11/11/03, 12:27 pm


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