Legal Question in Landlord & Tenant Law in California

My lease is still not signed. I moved in May 31st. I would like to get out of my lease without paying a lot of money. It states "Resident shall pay to Manager all costs and expenses of re-letting the premises... leasing fees and advertising costs, and all rent payable until the earlier of the end of the Lease...or the effective date of any lease to a third party."

Am I still commited to this lease even if it hasn't been signed by the Manger/Owner? If I am, can I advertise for the re-letting of my apartment for the same price I pay?

Thank you,

Staci


Asked on 9/22/09, 5:06 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If both you and the owner have not signed the lease then you might have only a month to month lease, which would mean if you give 30 days notice you would have no liability if yuou hve moved out and returned the key by then. Whether that is the situation is not clear, but certailnly it is a good argument to raise as the owner will not be sure if you are correct or not. Normally, even when a written agreement is not signed, it can be deemed executed by the actions of the parties. But in your case, the actions are the same as to whether the written contract or the legal assumption of a month to month tenancy exists.

If you are bound by the contract and ilt has no clause against your sub-leasing, you can do so at what ever price you want, even more than what you pay. The penalty clause for early termination seems very harsh and a court might not allow it to be enforced. The language of the portion of the lease that you clte makes me woder ilf there are not some parts of the lease that are poorly written that might let you out of some of its terms.

If you are in a rent control area those laws are superior to the contract. If management has refused to abate some type of problem that interfers wlth your quiet enjoyment of living there, there might be a weak argument of constructive eviction. You might need a simple letter from an attorney to pressure them into letting you out of the lease.

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Answered on 9/22/09, 9:15 pm


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