Legal Question in Landlord & Tenant Law in California

rental question. i need to break a lease--i've rented and have stayed at the residence for merely 2 weeks. is it possible to terminate without incurring fee. or is there a way to minimize fee by paying a portion. i rented for school purposes but have dropped out due to circumstances.


Asked on 8/29/12, 8:02 pm

1 Answer from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

The terms of the lease control, but it would be a rare lease that would allow a tenant to terminate the lease without incurring damages under your circumstances. Still, let's look at the practical side. Are you judgment proof? In other words, if the landlord tried to sue you for the remainder of the lease, could he collect from you? You may not want a judgment on your credit, but walking away could be an option if there is no way the landlord can collect. Can you find someone else acceptable to the landlord to take over the lease? This may be your best option. Finally, talk to the landlord. Maybe he'll have mercy and agree to a mutual cancellation or fairly minor fee for canceling the lease.

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Answered on 8/30/12, 7:34 am


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