Legal Question in Real Estate Law in California
I am a property manager in San Francisco, and in October, I rented to a tenant with a year lease. She wants to get out of her lease. Our lease agreement does state that the tenant agrees that the term will commence on X date, and continue to X date, for a total rent of $XX. Is the tenant responsible for the full amount of rent for the year?
2 Answers from Attorneys
Not unless the rent is paid in a lump sum. If the lease also provides for monthly payments as usual, then that takes precidence over the calculation of the total rent. Just as your automoblie finance documents have to tell you the total payments with interest, you don't have to pay the interest if you pay the loan off early. In both cases the calculated total is not a binding term of the agreement. Also, even if the rent was paid in a lump sum up front, a court could well rule that the term was void as against public policy, as that policy is set forth in the Civil Code provisions requiring landlords to take commercially reasonable steps to re-let properties that are vacated before the end of a lease, and only allowing the breaching tenant to be liable for rent until the unit is or could have been re-let.
It is a more complicated issue. I practice L & T litigation in SF. You can give me a call for a free consult.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
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