Legal Question in Real Estate Law in California

Breaking Contract for Renting Room

Hello,

My case is, I rent two bedroom apt. Currently, I am sharing it with another person. We made a written agreement (just between us) that the he must stay for 6 months. The contract explicitly said that if he moves before the end of the term(before 6 months), he must pay the rest of the rental payment.

Recently, he would like to move out since he got laid off, at least that what he told me. This month is his second month in my apt, therefore based on the contract, he still have another 4 months to go.

I want to know, can I ask him to fulfill his obligation and pay the rest of the rental payment (4 months) based on what we agreed in the lease term, considering the situation? I don't want to be inconsiderate, but if I had choosen other person, I won't suffer the lost of 4 months rental payment.

Also, is it a good idea to let him move without give him any penalty (not paying the other 4 months), but instead keep his security deposit to at least minimize my lost?

Thank you in advance.


Asked on 5/02/03, 4:15 am

1 Answer from Attorneys
Jason Hsu Una Law Corporation

Re: Breaking Contract for Renting Room

Generally, when you enter into a lease contract, the other party will always be liable for the damages you incur (which in this case is the 4 months lost rent). However, you may have a duty to mitigate (lessen) the amount of damages. If he leaves, you must do all that is reasonable to rent out to another person.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 5/02/03, 4:27 pm


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