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Breaking a lease

C

compuwiz1

Admin Emeritus Elite Member
Ok, so here is the situation

There is a very high likelyhood that I will be transferred to either Carlsbad or Longbeach.

The problem is, I just signed a renewal lease for my condo, where I have lived for 4 years.

Now I might have to go tell them I am moving out. Of course I will explain why, but what can they do to me? Can they enforce performance of a years worth of lease payments, the lost rent between when I leave, and when they re rent the property, or what?

I am going to speak to the landlord about this, but I would like to be armed with some knowlege before I get there.

Any pointers are greatly appreciated.

Thanks!
 
Originally posted by: compuwiz1
Ok, so here is the situation

There is a very high likelyhood that I will be transferred to either Carlsbad or Longbeach.

The problem is, I just signed a renewal lease for my condo, where I have lived for 4 years.

Now I might have to go tell them I am moving out. Of course I will explain why, but what can they do to me? Can they enforce performance of a years worth of lease payments, the lost rent between when I leave, and when they re rent the property, or what?

I am going to speak to the landlord about this, but I would like to be armed with some knowlege before I get there.

Any pointers are greatly appreciated.

Thanks!
Click to expand...

They can't charge you rent, and re-rent it at the same time. If you pay rent, its yours. If they want someone else to move in, they can't keep charging you.
 
From the Kahleeforneeya Tenant/Landlord Handbook
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf
(page 16)
"The disadvantage of a lease is that if you need
to move, a lease may be difficult for you to break,
especially if another tenant can?t be found to take
over your lease. If you move before the lease
ends, the landlord may have a claim against you
for the rent for the rest of the lease term."
 
If I break my lease I just forfeit my security deposit...no idea about how it may work in Cali, or how your landlord has it drawn up.
 
I need to get a copy of the lease from the LL. My wife and I went in to sign at different times, so we were never given a copy.

A job transfer seems like a most legitimate reason to break a lease.
 
Originally posted by: compuwiz1
I need to get a copy of the lease from the LL. My wife and I went in to sign at different times, so we were never given a copy.

A job transfer seems like a most legitimate reason to break a lease.
Click to expand...

From the landlord's perspective, I don't think the reason matters.
 
Its all about the lease... if there is no early termination rule you are probably screwed. The land lord can sue you for any uncollected amount of rent while the apartment remains vacant.


 
Read your lease.

All they can do it charge you rent for the time in which they are looking for a new tenent, if that is stated in the lease. If you don't do that and its in the lease, they can take you to small claimes court to get it. If you explain to them what your situation is, they may work with you and help you out.

Good luck!
 
If you want to be proacive, you could advertise the space is available or mentino it to friends, co-workers, etc to help fill it. Lots of places the landlord can charge you the monthly rent until it gets rented by someone else. But the landlord really isn't in any presurre to re-rent it then.
 
Originally posted by: compuwiz1
Ok, so here is the situation

There is a very high likelyhood that I will be transferred to either Carlsbad or Longbeach.

The problem is, I just signed a renewal lease for my condo, where I have lived for 4 years.

Now I might have to go tell them I am moving out. Of course I will explain why, but what can they do to me? Can they enforce performance of a years worth of lease payments, the lost rent between when I leave, and when they re rent the property, or what?

I am going to speak to the landlord about this, but I would like to be armed with some knowlege before I get there.

Any pointers are greatly appreciated.

Thanks!
Click to expand...

What does your lease say about special circumstances outside of your control? At my old apartment in Tucson there was a clause for stuff like this.
 
Originally posted by: BoomerD
From the Kahleeforneeya Tenant/Landlord Handbook
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf
(page 16)
"The disadvantage of a lease is that if you need
to move, a lease may be difficult for you to break,
especially if another tenant can?t be found to take
over your lease. If you move before the lease
ends, the landlord may have a claim against you
for the rent for the rest of the lease term."
Click to expand...

that doens't sound fair, because the landlord can kick you out with a 30 day notice whenever he wants
 
Originally posted by: compuwiz1
I need to get a copy of the lease from the LL. My wife and I went in to sign at different times, so we were never given a copy.

A job transfer seems like a most legitimate reason to break a lease.
Click to expand...
Who signs something then doesn't get their own personal copy of whatever they are signing? 😕 thats like signing a check then leaving the amount blank. he could change it and do whatever he wants to the wording and you would never know.
 
Why not get totaly off the wall and do something really crazy. Call your LL and explane whats happening, just tell him the truth then the two of you figure out a way to make it work out. Most people will do the right thing given the chance.
 
Originally posted by: Drakkon
Originally posted by: compuwiz1
I need to get a copy of the lease from the LL. My wife and I went in to sign at different times, so we were never given a copy.

A job transfer seems like a most legitimate reason to break a lease.
Click to expand...
Who signs something then doesn't get their own personal copy of whatever they are signing? 😕 thats like signing a check then leaving the amount blank. he could change it and do whatever he wants to the wording and you would never know.
Click to expand...

 
Originally posted by: madeupfacts
Originally posted by: BoomerD
From the Kahleeforneeya Tenant/Landlord Handbook
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf
(page 16)
"The disadvantage of a lease is that if you need
to move, a lease may be difficult for you to break,
especially if another tenant can?t be found to take
over your lease. If you move before the lease
ends, the landlord may have a claim against you
for the rent for the rest of the lease term."
Click to expand...

that doens't sound fair, because the landlord can kick you out with a 30 day notice whenever he wants
Click to expand...

What are you talking about? If you sign a 1 yr lease the landlord cannot kick you out unless break a part of the contract. After 1 yr or the term of the lease, usually either party can terminate the lease with a 30 day notice.

 
Originally posted by: madeupfacts
Originally posted by: BoomerD
From the Kahleeforneeya Tenant/Landlord Handbook
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf
(page 16)
"The disadvantage of a lease is that if you need
to move, a lease may be difficult for you to break,
especially if another tenant can?t be found to take
over your lease. If you move before the lease
ends, the landlord may have a claim against you
for the rent for the rest of the lease term."
Click to expand...

that doens't sound fair, because the landlord can kick you out with a 30 day notice whenever he wants
Click to expand...

The same laws that prevent you from moving out before the end of the lease, keep you from being evicted (except for certain circumstances) before the end of the lease...
It works for the protection of both parties.

OP, is the apartment "desirable" Do they have a high or low vacancy rate? If it's low, then you might get off easy, as it will be rented quickly, but if it's high vacancy, they they CAN and often DO charge you the normal rent until the place gets rented, or your 1 yr is up.
 
Originally posted by: drnickriviera
Originally posted by: madeupfacts
Originally posted by: BoomerD
From the Kahleeforneeya Tenant/Landlord Handbook
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf
(page 16)
"The disadvantage of a lease is that if you need
to move, a lease may be difficult for you to break,
especially if another tenant can?t be found to take
over your lease. If you move before the lease
ends, the landlord may have a claim against you
for the rent for the rest of the lease term."
Click to expand...

that doens't sound fair, because the landlord can kick you out with a 30 day notice whenever he wants
Click to expand...

What are you talking about? If you sign a 1 yr lease the landlord cannot kick you out unless break a part of the contract. After 1 yr or the term of the lease, usually either party can terminate the lease with a 30 day notice.
Click to expand...

No that is not true. Landlord can give dumb reasons to kick u out. I don't know how but my down floor neighbor back in california was kicked out of his lease. landlord used something like his apartment needed renovation which is absolutely not true. I saw alot of people kicked out of my neigborhood. It was right when rent was going up. 2 bedroom apartments were being rented out for $1,200 to $1,300. Alot of old people had lease that was $900. My next door neighbor was also kicked out when rents were going up. They claim the single mother with 3 child were too loud and neighbor complained. I never complained and I didn't think it was too loud...
 
Originally posted by: madeupfacts
Originally posted by: BoomerD
From the Kahleeforneeya Tenant/Landlord Handbook
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf
(page 16)
"The disadvantage of a lease is that if you need
to move, a lease may be difficult for you to break,
especially if another tenant can?t be found to take
over your lease. If you move before the lease
ends, the landlord may have a claim against you
for the rent for the rest of the lease term."
Click to expand...

that doens't sound fair, because the landlord can kick you out with a 30 day notice whenever he wants
Click to expand...

Unfortunately, laws and life don't have to be fair. However; that is why we have stupid lawsuits on things like coffee being to hot or getting one's head caught in a power window.

I feel it is fair for a landlord to be able to kick-out anyone with a 30 day notice. One month gives anyone enough time to find something provided they have a nickel to their name. If not, they were probably chronically late on rent and did not keep the place in decent shape.
 
Your contract will state the terms. I suggest you read it now, even though you should have read it 4 years ago and every year you resigned it.
 
When I used to rent my lease always had a clause for cancelation due to job. If my job moved more then X number of miles I could break the lease.
 
My current apartment company owns complexes all over the country and will allow you to transfer your lease to any other property they own.
 
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