Legal Question in Real Estate Law in California
Landlord problems
can an owner of a property hold a tenant to a lease if tenants leave early & owners move back in
Asked on 7/15/09, 2:53 pm
1 Answer from Attorneys
Roy Hoffman
Law Offices of Roy A. Hoffman
Re: Landlord problems
It depends upon what the lease says. However, most leases provide that in the event the tenant vacates the premises early, they must still pay the remaining rent. The landlord, however, has an obligation to mitigate its damages by re-letting the premises. If the landlord takes possession and begins using the premises for its personal use, the landlord will have a difficult time trying to recover the full amount of rent due under the provisions of the lease.
Answered on 7/15/09, 3:11 pm