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  1. #1
    Join Date
    Jul 2013

    Default How Much Rent Do You Have to Pay if You Back Out of a Lease Extension

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

    As per a previous inquiry, my current owners agreed to extend my notice to quit from September 30 to December 31 if I agreed to pay an additional $135 immediately.

    I did this.

    However, I will not have to take advantage of the extension since I will move out on September 21st. I already gave them my 30 day notice.

    My concern, however, is with the wording of the extension agreement. it states as follows, with actual totals eliminated:

    "Tenant shall pay upon execution of the extension agreement a total of $@@@,, for which $@@@ is rent for August 1, 2013 thru August 31, 2013, and $135 for extension agreement, the following rents shall be paid as they fall due, $@@@ on or before September 1, 2013, $@@@, on or before October 1, 2013, $@@@ on or before November 1, 2013, and $@@@, on or before December1, 2013. Any and all payments shall be made in the form of cash, cashiers check, or money order only."

    I am afraid that because I am moving out with over three month to spare due to the extension agreement, that the owners will expect me to now pay rent for these three months even though I will have vacated.

    Am I legally obligated to pay for these three months although I will be long gone?

    The agreement has been month to month since 1999, but if the owners can use this extension notice to legally get more rent out of me, I suspect they will do so.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How Much Rent Do You Have to Pay if You Back Out of a Lease Extension

    If you want to try to negotiate a settlement with them, such that you pay a specific amout and are released from any further liability, contact them and negotiate.

    A residential landlord has a duty to mitigate, meaning that if you leave early they are supposed to try to find a new tenant and charge you only for the lost rend during the duration of your lease. If this is a large complex, please note that they can make your unit the very last one they rent out.

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