Legal Question in Landlord & Tenant Law in California

Re: Leasing agreement and breaking lease

Normally, if a tenant vacates before the end of the specified lease term, the landlord can hold the tenant liable for the full remaining rent except to the extent he rents it to another and receives rent from another for the remaining term. So, normally, if the landlord failed to rent it out for July and August, he could hold you to the full rent for those months.

However, if the tenant you had would have otherwise been an acceptable tenant, and would have moved in after you and been willing to pay the full July and August rent or more, and if the landlord expressly rejected the proposed new tenant on the grounds he already had found one, you may have an argument that he expressly waived his right to the remaining rent. You may also be able to assert something called "promissory estoppel"...meaning that his statement was essentially a promise not to hold you for the rent on which you reasonably relied by renting a new place (if you did). Either theory, or both, could be a defense to you here.

As to your credit, it depends on whether he utilizes a credit bureau. He might not report it, if at all, before he gets a judgment against you. You can request a copy of your credit report from the major reporting agencies and, if it appears, you have the right to report to it in writing that you dispute the debt and why, and that has to be noted.

I would suggest writing to the landlord and stating that you believe he waived his right to future rent when he rejected your proposed and otherwise acceptable tenant, and that you reasonably relied on his promise not to hold you for it. So, you deny you owe him anything. Also, demand that he inform you what credit reporting agency he utilizes, if any.

You didn't say whether he forfeited any of your security deposit. If he did, you should sue him in small claims court. If there was no security deposit, he may sue you in small claims court for the unpaid rent. In either case, you should assert the waiver and promissory estoppel defenses. Especially if your proposed tenant will testify to help you, you may have a good chance here.