Legal Question in Real Estate Law in California

I am trying to get out my current lease. I have a 60 day notice and agreed to pay the 60 days rent owed. However I was told I must pay a cancelation fee for breaking my lease early which is equal to one month’s rent. The amount is stated in my lease, however I was informed of civil code section 1951.2 that it is illegal for California landlords to charge this type of fee written in a lease agreement. That the landlord can only charge for repair of damages done to the apartment. But informed from my landlord that the charge for repair would come out of the security deposit I gave them at the beginning of the lease. I just wanted to see if this was true and if I have to go to court or if there is anyway around this.


Asked on 2/22/22, 4:59 pm

1 Answer from Attorneys

You are confused about section 1951.2. It specifically says they CAN charge that early termination fee, and actually could make you pay the full amount you would owe until the end of the lease, less whatever they save by re-renting the property once you move out.

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Answered on 2/25/22, 9:22 am


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