Legal Question in Landlord & Tenant Law in California
moving into an apartment after previous tenant has broken her lease
I have just moved into an apartment after the previous tenant has broken her lease agreement. She moved out on the 17th of June. I moved in on the 18th of June, as the property manager gave me a key to the place and said that I could move in as soon as I wanted to, since it was paid up through the month, and she had broken her lease. The property management company had me sign the lease starting July 1st. The former tenant is trying to hold me responsible for the rent on the unit from June 18th to July 1st, payable to her. Isn't it the responsibility of the property management company, since they let me move in early?
2 Answers from Attorneys
Re: moving into an apartment after previous tenant has broken her lease
Yes. You are under no obligation to make restitution to the former tenant. The landlord was required to use reasonable efforts to re-rent the apartment to reduce the previous tenant's obligation. It should be an issue between the landlord and the former tenant, and not involve you.
Re: moving into an apartment after previous tenant has broken her lease
I have read Mr. Cohen's answer and agree with him, unless the previous tenant has some defense to the breaking of the lease.
If so, and management took the last 13 days of June out of her deposit, she would be entitled to a refund from her security deposit, leaving either you or management responsible. In that case, a judge might negotiate a settlement involving you and management contributing to the refund of her rent.
Aside from that, you would not have moved in without management requesting it, and I would certainly not offer her any money.
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