Legal Question in Real Estate Law in California
breaking lease due to out of state job
I recently accepted a job offer in another state and I am going to break my one year lease after six months.
I was wondering how I can get out of it without paying for the remaining months.
Is the new job a valid excuse for doing this?
Thank you.
1 Answer from Attorneys
Re: breaking lease due to out of state job
The landlord is not entitled to damages for you breach of the lease to the extent he does, or readily could have, re-rented to someone else. In order to give the landlord maximum opportunity to mitigate damages, you need to give prior notice.
Some tenants who are forced to breach their leses because of relocation or otherwise have good luck assigning or sub-leasing or finding their own successor tenants, thus reducing the landlord's damages to zero. You should discuss the situation candidly with the landlord and consider whether you know or can find a replacement tenant.
The new job is, of course, not an excuse for breaching your agreement.
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