Legal Question in Real Estate Law in California

Lease Break

I was living in Sunyvale, CA. In April I renewed my apt. lease and then I had to move out in July end (I did give them the required 30 day notice in June end), to join a new job elsewhere in CA. Now my apartment wants me to pay 2 months rent penalty and rent till the new tenants move in to the apartment.

What are my options ? When I came to CA in 1999, I was told that CA laws state that I am only liable for the loss of rent i.e. the rent till the new tenants move in.

Pl. advise

thanks


Asked on 8/13/02, 12:40 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Lease Break

Your understanding of California law is almost right. You apparently breached ('broke') your lease (giving notice should help with damages but doesn't excuse the breach). The landlord's recovery would be limited to the lesser of actual damages or what damages would have been if a reasonable effort to re-rent were made. The damages can include lost rental plus re-renting expenses such as advertising. Finally, you are liable for the usual move-out expenses such as cleaning and repairs in excess of normal wear and tear.

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Answered on 8/13/02, 1:35 pm


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