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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Breaking a Lease in California

    My question involves landlord-tenant law in the State of: Califorina.

    The objective is to break the lease approx 5 months early. The lease states that if I want to do this, the "liquidated damages" fee is over $3500. Currently, our rent is $1764 but they are renting comparable apartments for more than $200 less.

    I have to break my lease because my roommate lost her job and had to move out. She is still paying rent while we try to find someone to replace her, but it's difficult given our current rent compared to what the property is now renting the same units for.

    Is $3500 excessively high? Would it be reasonable to ask if we could pay through a 30-day notice and then just pay until they re-rent the apartment? Is it possible to ensure they will do everything they can to re-rent it?

    Do I have ANY leverage in this situation?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,580

    Default Re: Breaking a Lease in CA

    Would it be reasonable to ask if we could pay through a 30-day notice and then just pay until they re-rent the apartment?
    It certainly can't hurt to ask, but don't be surprised if the answer is No. You signed a legally binding agreement, and while you're suffering hardship due to circumstances beyond your control, your landlord is not obligated to let you out of that contract.

    Do I have ANY leverage in this situation?
    No.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

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