Legal Question in Real Estate Law in California

Re: Appartment Leaseing

The reason they allowed $300 per month less was because the lease guaranteed them that they would have a tenant for one year.

You need to find someone else to take your place, or they can demand full rent for the time it is not rented.

Re: Appartment Leaseing

Unfortunately, your landlord is correct. They have the right to hold you to the lease, regardless of your new home purchase, at least up until the time they reasonably mitigate their losses by finding a new tenant to fill your vacancy. However, with careful, shrew, professional negotiations, you may be able to get the landlord to make a novation and either mitigate damages they way you suggest in your question or by some other mutually agreeable solution. If you would like prompt, affordable negotiations assistance with this unfortunate matter with your landlord, contact us today for a free phone consultation.

Re: Appartment Leaseing

I agree with the previous responses that the landlord is correct. "Breaking" a lease is a species of breach of contract, and not only will you not get most, or any, of your deposit back, you may be liable for additional damages equal to rent until the landlord can re-rent your unit.

Your Zip code suggests San Jose. My impression is that the apartment rental market there is strong; it should be pretty easy for you or the landlord to find a replacement tenant and therefore minimize your damages.

The "necessity" of moving out is a situation you created, and neither the landlord nor the court would be very sympathetic.