Want to replace 1 year long rent agreement by 2-3 month long (Oakland: apartment, renter)

[YuryM]

I rent house and have one year contract signed with landlord which stipulates I have to pay for the rest of the year in case of early termination, like if I break it in 2 month since date contract started, I have still to pay all 10 other months rent total. I've been living here almost 4 years, 4th year is coming over soon, and I'd like my next contract to be at least 2-3 month long.
So I wonder is it legal for my landlord to put terms like this into contract in California? I do not see it to be typical as all my friends pay on month-to-month bases after one year contract is over. My landlord does not want to hear about one month term contract and responds that he prefers 2 and even 3 years contract instead. Any idea on how can I persuade him to come to 3-month agreement?

[beb0p]

Depends. What city are you in?

[YuryM]

Originally Posted by beb0p

Depends. What city are you in?

Walnut Creek, Ca. I thought it depends on state laws. Is it really regulated by city laws?

[beb0p]

Some cities like SF have city laws that further protect the tenants, but obviously WC is not as tenant friendly as SF or Oakland.

With that said, you're still offered some protection under the state law. If you leave early but able to find a suitable replacement (or if the landlord finds one himself) you are only responsible for time after you left and before the next renter takes over. Read Civil Code 1951.2:

How Can a Tenant Break a Rental Lease? | Home Guides | SF Gate

As for the one-year lease, it's his right to demand it and it's your right to either accept or move away. Don't think there's anything you can do about that.

[aslowdodge]

You could offer him more money than you currently pay now for a shorter lease. As a landlord I don't do anything less than one year, but if you were renewing and only wanted a few monthes I might be enticed with more $$, like 25% more at least.

[clongirl]

I'm positive that it is not legal for the landlord to force you to pay the entire year if you broke the lease.

The deposit that you paid can only be kept for unpaid rent, damages to the property,cleaning, or to replace damaged furniture (if this was a furnished apartment) but he cannot make you pay for the rest of the lease term (even if you only stayed a few days after the new year started). So if you decide to move when you want...he can only legally keep your deposit.

more about it here....California Tenants - California Department of Consumer Affairs