Legal Question in Real Estate Law in California

I have a tenant who signed a one year lease on my property in November 2009. Due to an ill family member they are asking to break the lease. The tenant has offered his girlfriend to take up the remainder of the lease. I have received a deposit from him as well. Assuming his girlfriend checks out, I am inclined to help him out, but want also to protect myself. Any ideas about the best method to do this?


Asked on 7/31/10, 10:24 am

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

You can get fancy and have an assignment of the lease to the tenant's girlfriend. Then, she just steps in.

More simply, just confirm, in writing, that the current tenant's lease is ending on a particular date and have the girlfriend sign a new lease for whatever term you like, even if it is only for a couple of months.

Be sure to account for the current tenant's security deposit, though. If the current tenant moves out, you don't want to return his security deposit, until you are sure that there is no damage. The cleanest way to do this would be for you to get a new security deposit from the girlfriend. Then, before the girlfriend takes over the premises, inspect the premises for damage that may be deducted from the security deposit. Then, just follow the regular procedure of providing notification and any refund of the deposit to the former tenant, within 3 weeks of his leaving.

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Answered on 8/05/10, 10:50 am


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