Legal Question in Landlord & Tenant Law in California

lease break on apartment

Hello Law Gurus-

my husband and i signed a lease with our apartment complex for one year. We recently bought a home and still have about 4 months left on our lease. We talked to the apartment manager and were given 2 options: 1) pay the lease break amount of a total of 1800.00 or 2) pay two monthly payments of 400.00.

We cannot afford an upfront 1800.00 nor 800.00 a month on top of our mortgage/insurance, etc.

We tried to reason with our landlord but to no avail. We understand that our lease was broken, we are just looking to maybe lower the monthly payments to be at a reasonable amount. What rights do i have/if any as a tenant in need of a break???????

thanks-

mrs. hopefull


Asked on 10/19/07, 7:56 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: lease break on apartment

Dear Mrs. Hopefull--

You have a contract for the lease, just as for the purchase of your home. There is no easy way out.

However, if you move out (i.e. vacate), the good news is that the manager/landlord etc. must attempt to re-rent the premises ASAP, thereby containing your obligation.

Most of the time, managers/landlords are more understanding than this.

My best suggestion, since negotiating on your own has hit a dead end, is that you retain a landlord tenant attorney at this point, merely to write a rather strong letter to the manager, and letting him know of his legal obligation to rent the apartment ASAP, and limit your damages.

Most attorneys will do this for around $100, and that would be a lot wiser than waiting around for an $1800 law suit.

Please feel free to e-mail, or call, my office if you need more help.

Good luck in your new home!

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Answered on 10/19/07, 8:10 pm


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