moving out early of an apartment, what are move-in concessions (San Diego: rental, credit)

[Jha125]

I'm thinking of moving out early from an apartment. I'm in San Diego, California
My lease states that I can terminate my lease by

-A written notice that I have elected to exercise this option
-pay an early termination fee of $2500 and reimbursement of all move in concessions.
- rent and other amounts due through the accelerated termination date

Can someone tell me what this all means? I understand it for the most part. What are move-in concessions and how much do you think it is? Will doing this hurt or effect my credit?

I know I can just go to my landlord, but I want to be sure of what i want to do before I tell them.

[skelaki]

Your best bet is to talk to an attorney specializing in tenant law.
https://www.google.com/maps/search/S...!3m1!4b1?hl=en
Many attorneys will give a short 15-30 minute first appointment consultation at no charge.

[moved]

Transfer this to the Renter's forum for the answers.

[Tolerance999]

Originally Posted by Jha125

I'm thinking of moving out early from an apartment. I'm in San Diego, California
My lease states that I can terminate my lease by

-A written notice that I have elected to exercise this option
-pay an early termination fee of $2500 and reimbursement of all move in concessions.
- rent and other amounts due through the accelerated termination date

Can someone tell me what this all means? I understand it for the most part. What are move-in concessions and how much do you think it is? Will doing this hurt or effect my credit?

I know I can just go to my landlord, but I want to be sure of what i want to do before I tell them.

Do not pay the 2500 fee and concessions. Your property management company, probably Conam or mg properties, is in violation of california state law, which says to provide 30 days notice. Then, if they cannot find a new tenant after you move out, you pay by the day until they find one. The state law does not allow them to collect concessions or pay a lease buy out fee. Get an attorney to represent you, you'll have to go to the corporate office for the management company and find out who to take to court. Your apartment manager will get fired, since anytime there is legal action, managers are let go.

This will not hurt your credit as long as you and your attorney sue the senior management as soon as possible.

[Tolerance999]

Hope the OP finds the LAndlord and Tenant book below, in either one of the thread they started, they can find a good attorney and get out of this - I just arrived in San Diego and won't rent from these management companies due to these expensive lease buy out fees, which aren't allowed under California State Law.

The problem is in a related thread the poster (original poster) stated they want to charge $2500 for a lease break fee, and that s/he would have to pay back the move in concessions (i.e. perhaps it was a free months worth of rent).

Both, are illegal under California State Law. The law states that anyone is allowed to break a lease early, as long as they give 30 days notice. Then, the landlord is responsible for finding someone to rent the unit during that 30 day period.

If the landlord fails to do so, then the tenant must pay by the day. Not a lease break fee. Not returning concessions. They pay by the day, until the landlord finds a new tenant.

See related thread.

Soon, CONAM, MG Properties, DECRON Properties, Equity, Greystar, RK Properties, and many others will be governed by even stricter state laws prohibiting them from punishing tenants with these lease break fees.

If the OP wishes to break the lease due to bad neighbors or drugs, then the management company is already in violation of California State Law, and the OP can easily win in court.

San Diego, is a horrible apartment market, worse than L.A. I would never rent from a management company here. Only private owners who follow the law.

California Law,

http://www.dca.ca.gov/publications/l...k/catenant.pdf

[tatertothotbot]

Can you repost that link? It wouldn't open. My rental property has the same language. I have to pay a 1700 break fee plus concessions plus 30 days notice. I think it's holland or something. My concession fee is also one months worth of rent. I would love to move earlier but was worried about the amount of money required to move out. I will look into this more....

[Tolerance999]

It is illegal to ask to pay the first months rent concession. That is extortion.
The PDF should be off of this page.....
Landlord/Tenant Book Index - California Department of Consumer Affairs

[tatertothotbot]

Thanks!

[Westofthe5]

Move in concessions would be things like any amount of free rent you received during your lease term such as a 1/2 off first months rent or something similar. Could go as far as improvements too though like if you asked for new carpet prior to move in. They could ask for the cost of that to be reimbursed as well.

[Tolerance999]

Originally Posted by Westofthe5

Move in concessions would be things like any amount of free rent you received during your lease term such as a 1/2 off first months rent or something similar. Could go as far as improvements too though like if you asked for new carpet prior to move in. They could ask for the cost of that to be reimbursed as well.

No they cannot since that violates California penal codes relating to extortion, and, once a product has been sold at a discount, a merchant cannot ask the customer to pay the entire price.