Legal Question in Real Estate Law in California

Lease breakage in case of layoff

I had to break my one year lease for an apartment in San jose due to layoff as I had to leave the country. I had paid a deposit of $850 at the time of leasing apartment. I never received it back but instead I have received a notice for $2200 from collection agency. Do I have any legal rpotection from California tenenats law in this scenario. Can you provide me any help in handling this matter.

Thank you.


Asked on 2/23/02, 5:42 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Lease breakage in case of layoff

No, you don't. A lease is a contract between the tenant and the landlord. You broke the contract by leaving early.

The landlord is required to mitigate his damages by re-renting the unit to someone else. If he has more than one unit, they might all need to be filled before yours is rented.

You should have found someone to take your place yourself, before you left.

Read more
Answered on 2/23/02, 5:50 pm
Larry Rothman Larry Rothman & Associates

Re: Lease breakage in case of layoff

You should have received an accounting of your deposit. I would be happy to review all of your documents including your lease, move out statement, and collection letter without charge to you if you fax them to me at 714 363 0229. I will call you when I receive them, so please let me know your phone number.

Read more
Answered on 2/23/02, 8:57 pm
Victor Hobbs Victor E. Hobbs

Re: Lease breakage in case of layoff

With your deposit that you left you're down the tube about $3,000.00. That's pretty hefty damges considering the unit was probably rented two weeks later. There is a defense to breach of contract which is known as 'impossiblity of performance.' I don't know if your circumstances are extreme enough to validate that defense to your breach of contract. However, you've got the right to sue if you're back in the area. Other wise if you're employed outside the U. S. and your company isn't head quartered in the U. S., tell the bill collecter to go suck a lemon. You've heard from Ken and Larry, and now from Vic.

Read more
Answered on 2/23/02, 9:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California