U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > California > San Francisco - Oakland
 [Register]
Please register to participate in our discussions with 1.5 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.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
 
Old 01-22-2013, 02:55 PM
 
23 posts, read 25,308 times
Reputation: 24
Default Want to replace 1 year long rent agreement by 2-3 month long

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?

Last edited by YuryM; 01-22-2013 at 03:10 PM..
Quick reply to this message

 
Old 01-22-2013, 05:08 PM
 
1,659 posts, read 1,075,886 times
Reputation: 1260
Depends. What city are you in?
Quick reply to this message
 
Old 01-22-2013, 05:14 PM
 
23 posts, read 25,308 times
Reputation: 24
Quote:
Originally Posted by beb0p View Post
Depends. What city are you in?
Walnut Creek, Ca. I thought it depends on state laws. Is it really regulated by city laws?
Quick reply to this message
 
Old 01-22-2013, 08:22 PM
 
1,659 posts, read 1,075,886 times
Reputation: 1260
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.
Quick reply to this message
 
Old 01-22-2013, 09:52 PM
 
Location: Pleasanton Ca
797 posts, read 1,142,486 times
Reputation: 524
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.
Quick reply to this message
 
Old 01-23-2013, 09:00 AM
 
Location: Bay Area
3,087 posts, read 4,318,707 times
Reputation: 2769
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
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.


 
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:

Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram

Over $79,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > California > San Francisco - Oakland
Similar Threads

All times are GMT -6.

2005-2014, 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 - Top