Legal Question in Landlord & Tenant Law in California

I have tenants that signed a 3 year lease on their apartment. They just recently informed me that they can no longer afford the rent, and they will be moving "in a few weeks".

They are now 1 full month behind on the rent, and have only upheld 1 year of their lease.

If I serve them with a 3 day notice to pay or quit, does that make void the stipulation in the lease agreement that says they are responsible for payments until a new tenant is found (since I am now telling them to move)?


Asked on 9/27/09, 5:53 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If you win at trial, depending on your proof, you will receive the back rent owed, plus holdover rent until the trial date, attorney's fees (if any), and costs for filing the lawsuit and the process server. Of course, collecting it might be a challenge.

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Answered on 9/27/09, 12:31 pm


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