Legal Question in Real Estate Law in California

Breaking a lease And Security Deposit

I rent an apartment and have a

lease that extends another 4

months. Due to a personal matter I

have to move as quickly as possible.

I have notified the Landlords and

they were okay with me finding a

replacement person to move in and

set up a new lease with. After paying

for online roommate search

resources I have found

someone to move in. The Landlords

are getting a bit shady now and

saying they are uncomfortable with

the person I have found (even

though she is the same age, sex,

demeanor, comparable credit ratings,

and even goes to the same school as

myself). I would imagine this would

count as a ''suitable'' replacement

and if so, am I able to get back my

security deposit even if my landlords

still reject her? I have already stayed

one extra month to help right this

situation, as opposed to just leaving

and forfeiting my security deposit, I

really cannot pay an additional

months rent so if anyone can help I

would greatly appreciate it, thanks.


Asked on 5/25/07, 5:57 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Breaking a lease And Security Deposit

Have her sign a sublease with you and give her the keys. If she makes the payments, no problem. (She can make payment directly to landlord or she can pay you and YOU pay the landlord - whatever . . . money is money).

If she fails to make payments or if she damages the place, you're still going to be liable to the landlord but it may be a risk you have to take.

One more risk is that she might stay beyond the four month lease balance and you could potentially remain liable for her staying too long. However, if she's made payments for four months, the landlords will probably let her sign her own lease at that point and let you off the hook.

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Answered on 5/25/07, 6:08 pm
Johm Smith tom's

Re: Breaking a lease And Security Deposit

Our CA attorney can work on this with you to find the best solution.

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Answered on 5/25/07, 6:42 pm


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