Legal Question in Real Estate Law in California

What are my Legal Options for Breaking Lease?

I am currently in a lease through end of May 2002. I have been laid off from my job, and I am unable to pay my rent. My parents have been helping me the past couple of months, but cannot continue. My rent is more than monthly unemployment checks pay, and my lease does not allow me to sublet my apartment. According to my lease, if I break it they will keep my security deposit, there will be a $2200 charge, and I will owe $95.00 for each month I lived in the apartment under this lease, as I am told it was rented to me at below market. The explanation of the $95 is that its the amount of money the apartment complex is losing by not renting to me at market. I do not want to ruin my credit, but I would like to be able to search for jobs out of the area where I have a better chance of getting one. What, if any, are my legal options for breaking my lease? And is the $95/mo clause legal?


Asked on 9/18/02, 12:45 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: What are my Legal Options for Breaking Lease?

You do not need to sublet ... find someone who is willing to take over the remaining term of your lease. They landlord will need to approve this person, for credit, etc., but thye should be able to sign a lease agreement for the same time period. They can also pay the security deposit so that you can get yours back.

You could also stay there and get a roommate. Theywould have a tough time preventing that.

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Answered on 9/18/02, 1:09 pm
Martin Snitow

Re: What are my Legal Options for Breaking Lease?

Getting a credit-worthy replacement tenant or roommate is a good idea.

If you leave, the landlord is entitled under Civil Code �1951.2 to recover:

1. any prior unpaid rent with interest;

2. the amount of unpaid rent from the time of termination to the end of the lease, minus the amount of rental loss you (the lessee) proves could reasonably have been avoided; and

3. any other loss proximately caused by your failure to perform.

If you provide a suitable substitute tenant, you can prove that the rental loss could have been avoided, except to the extent that the new tenant will only agree to pay a lower rent. In that case, you would be liable for the difference.

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Answered on 9/18/02, 3:59 pm


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