Legal Question in Real Estate Law in California
Breaking of Lease after verbal okay by management
I broke my lease at the end of 8 months on a 9 month contract. I was told that if I broke the lease, I'd have to pay $1400. The last months rent was only $1150. I said that was stupid, why don't I just pay the last month, in which they agreed. At the end of my 45 day notice I moved out. I asked that if they moved someone in, can I get the difference in the amount back? Two people said yes they would refund me the the money back. Come to find out that they rented the apartment 5 days after I moved out. Now the are saying that they are keeping the money, as a lease breakage fee. Can the do that? Is there a presidence that I can bring to their attention in California for this? Help???
2 Answers from Attorneys
Re: Breaking of Lease after verbal okay by management
You say that this was an apartment. How many units are in the entire complex, and were there any vacancies, other than yours?
Generally, a landlord can only recover their actual losses, and have a duty to mitigate their damages by attempting to rent out the unit to others. If they are successful, and there are no other vacancies, they can only retain rent for the 5 days. Otherwise, they will be unjustly enriched.
Re: Breaking of Lease after verbal okay by management
I suggest you file a small claims court action for breach of contract. From the facts you presented, you should prevail.
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