Legal Question in Landlord & Tenant Law in California

One of the main advantages of signing a lease is that there is some predictability for everyone. The tenant knows that he or she cannot be arbitrarily kicked out, during the term of the lease, and the landlord knows that he or she has a paying tenant, during the term. Unless there is a provision for an early termination in the lease (which would be unusual), you may be stuck, until August.

If you move out early, the landlord can try to re-rent the apartment. If the new tenant pays at least as much as you are paying, then you would be off the hook, when the new tenant starts up. Until then, you can be held responsible for the unpaid rent, until the end of the lease.

If you simply move out, the landlord can sue you for the unpaid rent, up to the time that the new tenant moves in, paying at least the same amount. If the new tenant pays less than you are paying, you could be responsible for the difference. Additionally, most leases include a provision for the prevailing party in a lawsuit to recover his or her legal costs and attorney's fees. These amounts can be significant.

Try this: Talk to the landlord and explain your situation. Encourage the landlord to look for another tenant and cooperate with allowing the landlord to show your apartment, before you leave. You might even put up a notice on Craigslist or similar internet site to find a tenant. If you can get a seamless transition from your tenancy to the new tenant, you might avoid any liability.

Best wishes to your roommate in her new job.

The reason there is nothing in the lease about termination is that it terminates when it ends in August. There is no other way to terminate it without breaching it, i.e., breaking it. If you elect to break the lease, you are still liable to the landlord for rent through the end of the lease term in August. However, the landlord is obligated to take all commercially reasonable steps to re-rent the property. Once a new tenant begins paying rent, then your obligation ends.