Legal Question in Real Estate Law in California

can i terminate lease because corporate job transfer

my company is transfering me to a new location out of state and I currently have a residential lease. is there anyway to break the lease so I dont have to pay for several months of rent after I move?


Asked on 6/03/08, 7:33 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: can i terminate lease because corporate job transfer

I believe that death of the tenant excuses performance of the unexpired balance of a lease; the estate doesn't have to pay the balance of the rental. There is also a provision in the Soldiers' and Sailor's Relief Act of (about) 1943 relating to reassignment of active-duty military personnel excusing further performance under a lease. I'm quite sure there is no such relief for ordinary civilian transferees.

Many employers will assist transferred employees in such situations.

Your obligation to the landlord for damages for breach of lease would be limited to its actual losses given a bona fide attempt to mitigate those losses by finding a substitute tenant. The landlord cannot just leave the residence vacant after you breach the lease, intending to hold you liable for every penny of your lease commitment.

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Answered on 6/03/08, 8:13 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: can i terminate lease because corporate job transfer

No. You can sublease or assign the lease or negotiate an early termination.

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Answered on 6/05/08, 12:30 am


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