How hard is it to break the lease on an aptm in Sunnyvale? (Santa Clara: sublease, sublet)

[buenos]

How hard is it to break the lease on a 1 bedroom apartment rental in Sunnyvale right now?
I am planning to buy a house in the next 1-2 months, but my lease will expire in the summer. Obviously I am not willing to pay 4-6 months extra rent for an apartment that I no longer need. Also, obviously I cannot time my home purchase exactly to the lease expiration date, it would be impossible.
When I moved in a few years ago in the summer, apartments were advertised for one day before they were gone by a new renter. Now it is another year and winter, I don't know how long it may take now.
Anyway, what can I expect from the landlord (a company owning a big complex)?

[ccm123]

I think it would vary, by company. Talk to them and explain the situation. I think with the high demand for apartments, they would "go easy" on you and allow you to break the lease, since it's pretty easy to find a new tenant. But, that's just my opinion.

[vrhunski]

They will just keep your deposit.

[jk88cal]

The way it works is that if you break the lease, you are liable for lost rent until the unit is rented out to new tenant. The apartment/landlord need to do their earnest to get the unit back on the market. They cannot just let the unit sit.

In reality, it is not simple to go after lost rent from tenant breaking the lease. If the loss is like 1 month, I would think landlord will just let it go. Unless apartment has lawyer or collection agency on payroll and they have nothing but time on their hands.

If you work with the apartment, they might be able to find new tenant before you move out. I think in today's market, it should not be problem finding new tenant quickly.

[dogandcat]

buenos,

It depends on your particular lease agreement. Check the papers which you signed when moved in into apartment. For example, I have an obligation to pay one additional month rent (about $1800) in case I broke the lease before it ends. And I will get my security deposit back. One my friend who lives in other apartment complex should pay two months rent amount.

You can also discuss with your apartment complex manager if it is possible to transfer your lease. So it means you can put an advertisment on Craig's list to offer other people take your lease for remaining period, and if you find new tenants, then you will pay nothing extra (or really small amount of money).

[bigdumbgod]

Really not hard to find somebody to sublease that place. Just don't tell the landlord.

[dburbs1975]

^^ do not do this, it is not necessarily legal and can leave you heavily liable for damage done by someone else. you may find another tenant but you should have them directly lease from the owner, most leases do not allow you to sublet the place.

[NoMoreSnowForMe]

In CA it's legal to break your lease. Your landlord cannot keep your deposit for breaking your lease. There can be no non-refundable fees in CA.

What happens is, you give your 30 days written notice. The landlord then has to make a reasonable effort to re-rent the place as soon as possible. You have to pay rent until he starts collecting rent from someone else. The courts usually consider 30 days enough time.

The landlord has to do everything else by the book, as far as your deposit goes. Landlord has to give you the option of a pre-move-out inspection, where he tells you what you need to do to get your full deposit back. He can't do this sooner than 14 days before your move-out date, and must leave you enough time to do what is on the list. The list must be reasonable. He can't charge you for normal wear and tear. Again, there can be non non-refundable, mandatory cleaning or other fees to be taken from your deposit.

So, you should only be out 30 days rent. And if you give notice and cooperate with the LL as far as showings go, you shouldn't be out too much rent. The LL will need time to turn over the apartment, but it should be minimal. The housing market is so tight in Sunnyvale, they should re-rent right away.

Here is some info on breaking leases in CA, and the move-out inspection and deposit laws:

Breaking a Lease and Leaving Early | Nolo.com

California Tenants - California Department of Consumer Affairs

I retired a year ago from an apt manager job in Santa Clara, BTW.

[sonarrat]

I broke a lease by advertising for a tenant, and then referring the interested party to the landlord for the credit check and paperwork. Took about a month in all, I delivered the apartment vacant in better condition than I got it, and everyone was happy.

[otterprods]

It's never HARD, it's just a question of if you want to accept the consequences or not. Read the terms, do some math, and decide if it's worth it. You should be doing that anyways if you're considering buying a new home.

If your question is if your landlord or property manager will let you out of the lease with minimal charges, all we can do is guess. You just need to call them and see what you can work out.