Legal Question in Real Estate Law in California
Landlord/Tenant Question
Due to the economy, I need to break my lease. My landlord took $1,000 out of hte security deposit because I could not afford my total rent. She is now asking for it back. Can she do that? Also, my roommate moved out and the landlord promised to give me a new lease with ONLY my name on it, but NOW will not do so until I ''repay'' the $1,000. Can she withhold giving me a new lease? What are my options for getting out my lease. It expires in August of this year. HELP! Thank you.
2 Answers from Attorneys
Re: Landlord/Tenant Question
I answered the same question under a different (later) posting. I'll repeat my belief that tenants are better off in the long run by negotiating, giving notice, etc. than simply disappearing, or failing to confront their impending breach of the lease. It tends to get you a better deal and, if no deal is reached, limits the damages the landlord can recover in the lawsuit that is likely to follow. Also better for the credit report.
Re: Landlord/Tenant Question
Why would you want a new lease if you need to "break" the lease you have? If you "break" the current lease, your landlord can bring an unlawful detainer action (eviction) lawsuit against you and potentially recover all of the rent you should have paid from now until the lease expired.
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