Legal Question in Landlord & Tenant Law in California

Breaking a Lease

I moved in with my best friend. He decided to move out only three weeks after we moved into an apartment. I do not make enough money to live there on my own. I am the only one that signed the lease. How would I go about moving out and breaking my lease? And what will the consequences be?


Asked on 7/29/03, 11:52 am

1 Answer from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: Breaking a Lease

The lease agreement provides the answer to your questions. You should cooperate with your landlord by first finding someone to take over your lease. Or, find a new roommate. You can also give 30 days notice to terminate and move out. The Landlord will have to "mitigate" his/her damages by finding another tenant after you move. Depending upon the term of the lease, you would still be liable for unpaid rent (or the difference) until the Landlord finds another renter. Otherwise, the landlord will ultimately evict you and you would be liable for all unpaid rent and attorneys fees.

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Answered on 7/29/03, 1:11 pm


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