Legal Question in Landlord & Tenant Law in California

I left the place where I was living without giving a thirty day notice. I had a lesase that was vaild until December 31, 2010. I left November 27, 2010. Rent was due on November 15, 2010. I gave her my rent money from Novemeber 15 - Novemeber 27, 2010 The landlord told me I had to give a seventy - five dollar "lease breaking fee" so I did. Then she told me I owe her the rest of the money for November AND December or she will take me to court. Is that true and can she take me to court even though I have her the money for when I was living there AND the seventy-five dollar "lease breaking fee"


Asked on 12/23/10, 9:49 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

She is attempting to have her cake and eat it too. If she collects rent for the period after you left, then there has been no breach of the lease that has a negative effect on her. Since she has no damages, she could not also collect a fee for the breach; the fee is not because you breached the contract, it is because in doing so you caused her damages. So the $75 is to cover the damages caused by your breach; it is a settlement as to what the estimated damages might be. She can not collect both.

Read more
Answered on 12/28/10, 11:25 am

Shers theory is called "accord and satisfaction." It might work. If not, i.e., if the court does not agree that the $75 was in full settlement for breaching the lease, then she is right. You owe through the end of your lease.

Read more
Answered on 12/30/10, 5:44 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California