U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 05-07-2017, 08:46 AM
 
173 posts, read 94,934 times
Reputation: 422

Advertisements

Is anyone here familiar with California laws in regards to breaking a lease? My complex wants to charge me 2 months rent to do so and this is written in my lease. Someone who used to work as a property manager is telling me this is illegal and points me to links on the dept of consumer affairs page but I don't see anything saying it's illegal. Here is the thread. Is this person correct?
taking over lease in Union City Avalon
Reply With Quote Quick reply to this message

 
Old 05-07-2017, 09:49 AM
 
Location: North Idaho
20,999 posts, read 25,750,723 times
Reputation: 39380
Why do you use an article about taking over a lease to get information about breaking your lease. Not really the same thing at all.

I suggest that you look up your state landlord tenant law and read that for a better chance of getting an answer.
Reply With Quote Quick reply to this message
 
Old 05-07-2017, 11:23 AM
 
16,485 posts, read 17,501,756 times
Reputation: 23531
Quote:
Originally Posted by MinervaPallasAthena View Post
Is anyone here familiar with California laws in regards to breaking a lease? My complex wants to charge me 2 months rent to do so and this is written in my lease. Someone who used to work as a property manager is telling me this is illegal and points me to links on the dept of consumer affairs page but I don't see anything saying it's illegal. Here is the thread. Is this person correct?
taking over lease in Union City Avalon
Just because it's written in a lease doesn't make it legal or enforceable. Legally they have to mitigate. That's what the law states. So the law trumps their lease term of two months rent. If they charge you two months rent you simply take them to court. They are in violation of the state laws. Yes the person is correct.

You can try to find someone to take over your lease. The LL still has to accept the person.

They probably will not do the security deposit right either. And mist likely they will have that rental rented well before the two months are up. You are still legally liable for the rent until the property is rerented. Once rented the LL can't charge you rent anymore.
Reply With Quote Quick reply to this message
 
Old 05-08-2017, 07:31 AM
 
Location: Northern Virginia
4,672 posts, read 4,831,520 times
Reputation: 10989
Does California permit landlords to charge a break lease fee?

It sounds to me like the break lease fee is equal to the amount of two months rent, and OP simply isn't using the correct verbiage.
Reply With Quote Quick reply to this message
 
Old 05-08-2017, 08:40 AM
 
Location: Los Angeles County
11,062 posts, read 8,986,001 times
Reputation: 28997
Yes, lease break fees are legal in California.
Reply With Quote Quick reply to this message
 
Old 05-09-2017, 07:53 PM
 
16,485 posts, read 17,501,756 times
Reputation: 23531
Quote:
Originally Posted by Mr_Geek View Post
Yes, lease break fees are legal in California.
I researched a bit more and I don't think it's a legality issue. As far as the law in California a pair of statutes sets the primary rules of obligations for landlord and a tenant wren a lease is broken. Civil Code sections 1951.2 and 1951.4.
Usually the LL mitigates and accepts the lease payment from a tenant while searching for a new tenant otherwise LL has to allow the tenant to sublease

I guess if you agree in writing AND you are NOT held liable for additional rent after paying a lease break fee it's not illegal. I can't find anything that specifically makes lease breaks legal as in a statute/civil code.
Reply With Quote Quick reply to this message
 
Old 05-12-2018, 07:55 PM
 
1 posts, read 766 times
Reputation: 10
I need to know. My boyfriend and I broke up and I can't afford the rent by myself. What can I do?
Reply With Quote Quick reply to this message
 
Old 05-12-2018, 08:09 PM
 
107 posts, read 36,897 times
Reputation: 193
Quote:
Originally Posted by monkeygirl1280 View Post
I need to know. My boyfriend and I broke up and I can't afford the rent by myself. What can I do?
https://www.nolo.com/legal-encyclope...alifornia.html
Reply With Quote Quick reply to this message
 
Old 05-13-2018, 06:30 PM
 
Location: Eagan, MN
362 posts, read 207,552 times
Reputation: 557
I charge two month's rent to break a lease. It's not uncommon, and it's a clause in my lease that the tenant signs.

It's more to do with Contract law, and less to do with landlord/tenants. There are a few legal ways to break a lease, but those are more common sense.

Quote:
Originally Posted by monkeygirl1280 View Post
I need to know. My boyfriend and I broke up and I can't afford the rent by myself. What can I do?
I had the same thing happen this year. The female moved out. I let the guy pay less, and since his full-time job was apartment maintenance, it works out great.
Reply With Quote Quick reply to this message
 
Old 05-13-2018, 06:33 PM
 
Location: Eagan, MN
362 posts, read 207,552 times
Reputation: 557
Quote:
Originally Posted by Electrician4you View Post
Just because it's written in a lease doesn't make it legal or enforceable. Legally they have to mitigate. That's what the law states. So the law trumps their lease term of two months rent. If they charge you two months rent you simply take them to court. They are in violation of the state laws. Yes the person is correct.

You can try to find someone to take over your lease. The LL still has to accept the person.

They probably will not do the security deposit right either. And mist likely they will have that rental rented well before the two months are up. You are still legally liable for the rent until the property is rerented. Once rented the LL can't charge you rent anymore.
The new tenant still has to pass the background check, and be acceptable to the LL.

Since most quality tenants look six to eight weeks out, two months is not unusual to find a solid tenant.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top