Legal Question in Landlord & Tenant Law in California
Relocation
I am being relocated, what do I need to do to cancel my lease and not be held responsible for rent for the remainder of the lease?
2 Answers from Attorneys
Re: Relocation
You cannot "cancel" your lease. The purpose of a lease, a.k.a. contract, is to guarantee the landlord a specific rent for a specific time, and to guarantee the tenant a specific rent for a specific time.
Question: Would you want the landlord to be able to cancel the lease and raise your rent, or tell you that you had to move, just because it worked out better for him?
Your options are to negotiate an early exit agreement with the landlord, or to find someone to replace you for the remaining term of the lease.
Re: Relocation
Mr. Koenen is wrong. Last time I checked, this is America, land of the free. A contract cannot and does not legally enslave you to servitude. If you breach a contract, the only thing that can happen to you is that you can be sued for money. But in the area of residential leases, California law provides a way for tenants to get out of long term leases. Just do not pay your rent. Your landlord will give you a 3-day notice to pay OR quit. So long as you completely move out and turn over the keys in those 3 days, the lease is ended and your landlord may not "legally" sue you or try to collect the debt. If he does he is in violation of the Fair Debt Collection Practices Act and can be sued. Make sure you get a reciept showing that you turned the keys over in 3 days.
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