Apartment leases are not iron clad in California. While your landlord has the legal right to hold you accountable for the remaining weeks of lease on your arrangement, the law only permits him to do so right within reason. Should you have to break a rental, you will want to deal with the situation proactively.
Function
The purpose of an apartment rental is to provide both parties–tenant and landlord –stability and safety. Your spouse receives what amounts to a guarantee that he will collect rent on the device you are occupying for the duration of the rental. Unless the lease permits it–and most don’t –you can rest assured that your rent will not increase during your lease term. The part of California Civil Code that governs flat leases strives to limit unnecessary hardship for both parties in the event a tenant should terminate his agreement .
Procedure
If you up, leave and stop paying rent, your landlord can take legal action against you for unpaid rent under your lease. As Maxine Sweet of the Experian Credit Bureau explainsthis can negatively impact your credit report in case a spouse wins a civil ruling in court or sends a collection agency after you. Keep away from such issues by telling your landlord you need to move before your rental end. Some comprehension landlords may just exonerate you from your obligation, few questions asked.
Mitigation
California Civil Code requires landlords to mitigate their damages when a tenant attempts to break a lease early. If your landlord will not allow you to go scot-free, write him a letter suggesting you will attempt to locate a replacement tenant on your device. While the law does not say this alternative especially, it will notice that your landlord must”reasonably” prevent damages. Therefore, if you can locate a tenant who meets your landlord’s screening criteria, he’s effectively bound to approve her. If he doesn’t, he’s accepting the risk you will not cover your lease, which would lead to more damages than if he just allowed the new tenant to replace you.
Factors
While landlords need to mitigate their damages, California Civil Code, Section 1951.2, says that landlords can still collect damages which are more than”the amount of such rental loss for the exact same period the lessee proves could be reasonably avoided.” To put it differently, even if you find a new tenant for your apartment, your landlord can still make you pay damages connected with your early lease termination. For example, even when you are up to date in your lease payments, your landlord can seek the expenses related to advertising the vacancy and screening applicants. These are costs your landlord incurred as the direct result of your requirement for an early end to the agreement you signed.
Alternatives
The California Department of Consumer Affairs details two options that number to lease-breaking alternatives. First, you can request your landlord permit you to sublease, or sublet, your device. In this case, you find a new tenant to live on your location for the remainder of your lease. You behave as the subtenant’s landlord. Your subtenant does not have an agreement with your landlord; ultimately, you are still bound by the conditions of your lease. Another choice is an assignment, which allows you to assign your lease to a new tenant. Within this situation, the new tenant will have a responsibility to your landlord, but when the new tenant defaults on his arrangement with your landlord, you are still accountable for damages.