Legal Question in Landlord & Tenant Law in California

I entered a 12-month lease Nov 15, 2009, notified the manager that I have to leave April 1, 2010, then was completely moved out April 6, within 5 business days. I have complications with my husband which I know is not a legitimate reason to break a lease. I was never late on payments and continued to pay the lease for April, May and June on time, i.e., I never overstayed without pay. The lease was for $1,146 for the 1st 6 months, then $1,375 for the last 6 months, so my payment has increased in mid-May. Despite my lease agreement amount, the unit is being advertised for $1,395, no bonus like my lease where it considers it a $1,375 rent with 1 month free, a big difference, spread over 6 months. When I inquired the manager whether they can advertise for less, because I want the vacancy to fill and stop paying asap, and because other 1-beds are advertised for $100-200 less, many with discounts and specials, and also because this unit simply doesn't have the amenities that other $1,400 1-bed units offer. But they won't budge, even after admitting in the e-mail that the market is slow. I think they're "testing the market" on my money. The only grounds of complaint I had while living there were for noise and plumbing - it's a 1951 structure with no noise insulation, hardwood floors, and old pipes, I'm sure. It's at a very noisy and busy intersection and has no double-pane windows and I can hear a normal conversation from next door, and television from downstairs. A friend who's been managing his real estate for 30 years tells me one way or another, the burden shifts from the lease-breaking tenant after 3 months of payment if the manager/owner has not leased it yet since 90 days is a reasonable time to find a new tenant with reasonable effort to mitigate damages of a broken lease with due diligence. I'd like to know if I have a good case on my side, first of all, to do this. If I have good grounds, I'd like to hire an attorney to help build my case and supporting evidence if/when I get sued to go at small claims court.


Asked on 6/16/10, 3:56 pm

1 Answer from Attorneys

There is no hard and fast rule about 90-days, but it is clearly a bench-mark that the landlord is not doing all he can to rent it. The landlord must take all commercially reasonable steps to re-let the property after an early termination by a tenant. Advertising it at a rate higher than would be collected had you stayed, is fine, unless it doesn't promptly re-rent the property. If you stop paying the rent, he may take you to court, but then the burden will be on him to prove he has taken all commercially reasonable steps to get it re-rented. It doesn't sound to me like he has.

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Answered on 6/17/10, 12:15 pm


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