Legal Question in Landlord & Tenant Law in California

Can a tenant break a lease because he lost his job?

I have a tenant who lost his job and decided to leave California to work for another company in Iowa. He claims that because he lost his job he can get out of his 1 year lease which has 6 months left. I was able to re-rent it after lots of advertising and lowering the rent. He only had to be responsible for 1 1/2 months of the lease after he moved out. I kept his deposit & last month's rent to cover the rent for this 1 1/2 month period. He's now threating so sue me because he feels that I broke the law. Is there such a law regarding a tenant losing his job? Can I also charge him for the advertising and the loss of rent since I had to lower the rent?


Asked on 1/20/04, 5:03 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Can a tenant break a lease because he lost his job?

Unless the lease agreement says "Tenant can break the lease if he loses his job", no, he cannot break the lease because he looses his job. He owes you for a portion of the advertising to find a new tenant, rent for the amount of time vacant and the difference between his rent and the reduced rent.

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Answered on 1/20/04, 5:52 pm


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