Problems with breaking the lease early (Oakland, Berkeley: apartment, rental, month-to-month)

[supermoon]

I have lived in this apartment in North Oakland/South Berkeley area for 1 year and 9 months but I need to break my lease three months earlier. Below are some questions I have. I'd really appreciate it if anyone could help. Thanks!

- My lease automatically renewed for another year after the first year. Is this legal?
- The property manager asked me to find someone to replace me but they raised the rent, which has made it harder to find a new tenant. In my mind, the new tenant should pay the rent stated in my lease for the remaining three months; after that they would pay the new rate. I think it's not fair, and probably not legal, to raise the rent and then ask me to find a new tenant for them. What do you think?
- They also said that if I couldn't find a new tenant before I move out, I'd have to pay the rent until they find someone. I've been trying very hard to rent the unit. What else can I do to protect myself and mitigate my loss. Can I not pay them any more rent after I move out since they have my deposit (one month rent)?

[marcopolo666]

(1) Call legal aid (or rental aid). There are many of them : use google.

(2) Don't trust advice on the internet; it is worth exactly what you pay for it.

(3) read the damn lease you signed! It is all written in there.

(4) *Usually*, a lease re-ups on a month-to-month at the end of a year, but *read the lease* (see point #3, above)

[kgbnsf]

My understanding is that leases in CA typically roll over month to month, after the first year. Check the exact language on your lease, but I believe that it's automatically a month to month renewal. Both Berkeley and Oakland have rent control laws as well, so they may have different stipulations.

Secondly, the landlord has an obligation to find a replacement tenant once you vacate. They cant just sit on it without trying to rent it, and then charge you for rent if it's vacant. But you are responsible for the rent until the end of the term period or once they have a new tenant to rent the unit. The period being either a year, if it truly is a year renewal, or a month.