Legal Question in Landlord & Tenant Law in California

Can tenant end the tenancy early before the end of 1 year contract.

Tenant wants to get some deposit back. Do I have to give some back?


Asked on 4/01/10, 3:03 pm

1 Answer from Attorneys

A tenant cannot end a one-year lease early unless the landlord breaches the lease in a way that allows the tenant to cancel it (generally only if the premises become uninhabitable). If the tenant moves out early, the landlord must make commercially reasonable efforts to re-rent the property, but the tenant remains liable for the rent until a new tenant is found and starts paying rent. If the tenant does not pay the rent due while the new tenant is being found, the landlord can deduct the rent from the deposit. If the rent and any other charges against the deposit add up to more than the deposit, the landlord can keep the whole deposit and take the tenant to small claims court for the difference up to $7,500, or regular court for more than $7,500.

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Answered on 4/06/10, 3:17 pm


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