Legal Question in Real Estate Law in California

early lease termination

I have recently moved prior to my lease being up and my landlord has had an

agent put a lock box on the property. What are my rights regarding termination

of the lease?


Asked on 3/08/00, 8:42 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: early lease termination

This response assumes that the lease is for a habitable structure. California law provides that the landlord must store any property left when a tenant moves out, unless the reasonable value is $100 or less.

The landlord can demand that the costs incurred to store the property be paid prior to the property being released to the tenant.

If the property is not redeemed by the tenant the landlord must advertise the property for sale and then sell it at an auction. The costs of storage and the sale may be kept by the landlord. Any funds remaining after these costs must be given to the tenant. If the tenant cannot be located, the surplus funds are given the to county.

Because of the expense, work and risk involved many landlords allow the tenant to just take their property.

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Answered on 4/06/00, 5:09 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: early lease termination

Most leases have an abandonment clause if you are absent from the premises more than x days you forfeit your lease rights. If you have paid the rent you might be able to gain access to the property, but since you have moved there does not seem to be any reason to get back in. If you have left any property the landlord can keep the property or sell it to apply against unpaid rent.

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Answered on 3/21/00, 7:47 pm
Gregory Brittain Gregory W. Brittain, Attorney at Law

Re: early lease termination

I need more info to advise you. I would consult by telephone. My consultation fee is $60.00 and can be charged. My number is 909.383.9570

This reply is a courtesy and does not create an attorney client relationship.

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Answered on 3/21/00, 9:48 pm


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