Legal Question in Real Estate Law in California
Lease Renewal
Hi,
I have been living in an apt in Los Angeles since Aug 2000. I have a 12 month lease and month to month after that.
However, I was made to sign a new 1 yr lease at the end of the 1st year as my roommate changed. Is this appropriate?
Also, I have extended my lease (starts 20th Aug 2002) but would like to cancel that and get someone to replace me(MY current roommate is goin to continue in this apt). Would this be ok as my new lease hasn't kicked in yet and I am finding a substitute? My Landlord says that it is ok if I want to add another person to the lease but no names would be taken off!!
Help!!!!
Thanks a Bunch.
2 Answers from Attorneys
Re: Lease Renewal
The landlord can ask you to sign a 1-year lease and (unless you are in a rent controlled city) refuse to rent or evict you if you do not.
If you find a new roommate who is financially qualified and otherwise a good tenant, the landlord may have no damages if you break the lease. Civil Code �1951.2 says that, if the lease so provides, a landlord may recover rent from the breach to the date of a judgment except for rent the tenant proves could have reasonably been avoided. If you have found a well-qualified substitute tenant, the landlord could avoid any rental loss. You may have to pay for the cost of re-renting, such as any credit check the new tenant does not pay, but you cannot be held liable for the entire lease term.
Re: Lease Renewal
First, the landlord cannot "make" you sign any contract. But I don't believe your allegation that he did. He probably said, "sign the new lease or it's out you go!", which gives you a choice and does not "make" you do anything. In my opinion you are on the wrong track. It is obvious that you are doing everything you can to work out a fair arrangemnet with your landlord who is hell bent on holding you to the lease. The reason he is is so that if a tenant after you does not pay the rent the landlord may go after you for that rent. There is a way to play your landlord at his own game (and make him regret he did not take your very reasonable offer in the first place). The answer is contained on my web page at members.tripod.com/familylawca