My question involves landlord-tenant law in the State of: California (San Francisco)
Hello,
I am on a month-to-month lease in my San Francisco apartment. I've been looking to move into a new apartment for a couple months now. What is difficult about SF is that new landlords expect you to move in within a week or two of showing you the apartment and signing a new lease. Of course, I'm required to give 30-days notice to vacate my current apartment. So tenants here get stuck in difficult situations of having to pay double-rent on 2 places for a couple weeks when moving.
With that in mind, in February I approached my landlord asking if we were to give official notice, if she thought she could fill the vacancy quicker than 30 days, thus reducing the amount of time we'd be paying double-rent. She responded (in writing) verbatim:
"Of course, I would work with you guys. I would like to show the apt while you are there and I believe I can rent it out very fast. I'll do my best in avoiding you having to pay double rent. Actually I won't charge you more than a few days if it even comes to that. Anything after a few days I would be responsible for."
At the time we posed the question, we were looking to vacate and have the place back-filled in 9 days. When we finally found a new place on 3/3, we gave her 'official' notice, in writing, immediately, telling her we intended to be completely vacated by 3/15. We cooperated completely and allowed her to show the apartment to multiple prospective tenants, with our furniture still inside and while we were still living there. Now, yesterday we hear from her that she hasn't found a new tenant, and that we are responsible for rent all the way through 4/3. So, just like I hoped to avoid, I have to pay double-rent for over a two week period (which is quite a bit of money in this city).
I write contracts for a living so I fully understand that the email exchange between myself and the landlord was not executed in an agreement, and thus might not be enforceable. However, I don't understand the finer points of contract law, so I want to double check to see if anything about the email exchange and her promise to us could be deemed enforceable by a court, if I tried to press the issue. In this case, both parties effectively agreed to modify the terms of the lease, however, the actual amendment never happened of course. So I'm wondering if that carries any weight.
Ultimately I don't expect that I'd formally fight this, but I'm just trying to negotiate a compromise here. Any 'ammo' I have in my back pocket would be helpful. Thanks!

