Legal Question in Real Estate Law in California
I am breaking my lease in Northern Ca. My property management company is asking that I pay a 1/2 months rent fee. No where in my lease does it state that such a fee is required. Compensation for lost rent, painting etc. is mentioned but I have read on other tenant law discussions that a landlord is unable to profit from breaking a lease other than collecting lost rent. I am looking for legal backing to express to my landlord that I will not pay the 1/2 a months rent fee due to the fact that it is not legal. I think that they will try to take that amount out of my deposit and I need to be able to cite CA law that shows that they can't charge a half of a months rent. Thank you.
1 Answer from Attorneys
It sounds to me like your landlord is being generous. It is highly unusual that a landlord can get a new tenant into a unit and paying rent in under two weeks. So if all they are charging you is 1/2 month instead of actual lost rents and costs and expenses of re-renting the unit, you're getting off easy.
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