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Tenant wants to break lease, am I allowed to....
by Tommy (CA)
on March 14, 2011 @18:39
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My tenant's lease is up in July, but she has informed me that she would like to break her lease early (job relocation). She has been an ideal tenant, never late, no problems at all and I don't mind breaking the lease BUT.... Is it legal to tell her that I wont break the lease until the unit is rented? I don't want to be unreasonable and make her stay until July, but at the same time I can't risk being out of rent for X amount of time when she agreed to a year lease. Thank you for any information. This site has helped me many times!!
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Re: Tenant wants to break lease, am I allowed to....
by ERIC
on March 14, 2011 @18:54
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Yes, you can make her help you find a tenant, and hold her to the lease for that time. If she just skips, you can take her to Court and a Judge will likely award you two month's rent. So, just tell her it will be two month's rent to break the lease and be done with it.
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Re: Tenant wants to break lease, am I allowed to....
by A.T.SF (CA)
on March 15, 2011 @10:35
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A Tenant's liability is limited by the landlord's duty to mitigate damages by finding a new tenant as soon as possible. (California Civil Code 1951.2)
So the tenant can be held liable for the rent until it is re-rented to a new occupant, however, a local legal entity may limit the exiting tenant to only two months.
Check with your local city or county rent laws.
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