Legal Question in Real Estate Law in California

Re: tenants' rights wehn terminating a lease

When you sign the lease, you obligate yourself to pay the rent every month. That goes pretty much whether you use the apartment or not, so if you move out the monthly rent is not a penalty, it's just the rent you agreed to pay. The landlord cannot sue and win more unpaid rent than he would have lost if he took reasonable measures to "mitigate" his damage. That means he must advertise and show it, and treat it similarly to other vacancies he has -- not show it last because his cash flow is protected anyway.

Your best bet, as you seem to know, is to find a subtenant or assignee. Your nest best bet is to negotiate with the landlord. If you sublease or assign, you may be better off giving a deep discount and eating the difference than breaching ('breaking') your lease and suffering the possible costs of suit, effects on your credit and references, hassle, etc. That's the real penalty for breaching a lease.

Re: tenants' rights wehn terminating a lease

The reason for a lease, rather than a month-to-month rental is to give both parties a sense of stability ... a tenants rent can't be raised nor can she be forced to move with 30 days notice, and the landlord is assured of a fixed monthly rent for a specific amount of time.

If the fair market value of a lease is still $1600, you may wish to offer your place for $1400, so it is more attractive to other potential renters. This will cost you $200 per month, but it is better than fighting the landlord in court and losing there.

You will also be able to charge a security deposit equal to what you have paid to insure that you get yours back when the subtenant moves out at the end of the lease period.

Also, check your lease agreement regarding and restrictions on subleasing. Working with the landlord in this situation is better than fighting him.

Good luck.