Legal Question in Real Estate Law in California
Breaking a lease
I notified my leasing company that I would be breaking my lease on a studio apartment since I am moving out of the state. Since I am responsible for the rent until they find a replacement tenant, I have stayed and paid rent. They informed me 4 days ago that they found someone to rent the apartment and confirmed that they rented the apartment yesterday. I asked when I should move out and they informed me I have 2 weeks to vacate the premises.
I have since quit my job and started shipping my belongings.
This morning the rental company called me and said their new tenant backed out and that I am still responsible for the rent.
Since they told me they rented the apartment, aren't I released from my lease, and therefore not responsible for paying future rents?
1 Answer from Attorneys
Re: Breaking a lease
I think you have a rather strong argument, which would be helped if the leasing company had put it in writing, but there is enough doubt about where a small-claims judge would come down on the issue of release that I can't assure you of smooth sailing. You should politely but firmly tell the agent that you consider yourself released. At this point this seems to be your only realistic alternative, anyway.
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