Legal Question in Landlord & Tenant Law in California

I got laid off from Westfield in March 2009. I moved out of my parents house, into my own apt in May 2009 & signed a 12-month lease. At the time, I was receiving severance pay, plus income from a temp job that I thought was going to become permanent, but didn't. Long story short & 6 months into my lease, I can't afford to pay rent anymore. I notified my apt manager of my situation, and he said that he will allow me to break my lease if I find someone to rent my unit. Until that time, I am responsible for paying rent.

I have posted ads on Craigslist, and submitted two rental applications for him to process from people interested in the place. One person backed out, and he claims the other one has bad credit. I was moving my stuff out this weekend & he approached me, asking if I was aware that my unit has not been rented out yet, and he more or less threatened that if no one bites by December, I will have to pay. Can he do that? I know it's breach of contract because I technically signed a 12-month lease, but in this economy, it's tough to gauge your employment situation. Do I have any legal rights as a renter? What's the most that could happen to me?


Asked on 11/23/09, 7:14 pm

1 Answer from Attorneys

The most that could happen to you would be you would be sued for the balance of the rent due through the end of the lease. Your landlord is wrong, however, that you are responsible for finding a new tenant or you will have to pay through the end of the lease. Although it is in your best interests as well as the landlord's, once you gave notice the landlord is responsible to take all commercially reasonable steps to find and approve a new tenant. If he fails to do so, he cannot hold you liable for the rent through the end of the lease, only for the amount of time it would have taken to find a new tenant if he HAD taken all commercially reasonable steps to find a new tenant. Of course that is rather speculative, but if he does nothing, a judge will not look favorably on that and will probably only give him a month or two.

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Answered on 11/28/09, 7:43 pm


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