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  1. #1
    Join Date
    Feb 2008

    Default Early Termination - Landlord Not Following Lease

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

    Hello. I am breaking my one year lease early because of financial trouble. In the lease it states:

    Should the tenant choose to terminate this lease prior to the expiration date, the resident forfeits their security deposit and shall pay the landlord two months rent. An early termination does not relieve the resident of rent due through the early termination date of the lease.

    If I understood that correct I would need to pay her 2 months plus whatever rent due until i move out. Is that correct?

    Well I gave my notice to her and she says that she needs to find a new tenant and once she does that will relieve me of my responsibilities. And that she would use my deposit for rent due until it is re-rented. That would cover me until October 1st, so I don't think it should be an issue.

    However, this does not seem to be following the lease unless I misunderstood it. I thought I was relieved if I payed the two month penalty fee. Although this way she is doing it would save me money from what I previously thought as I would get some of my deposit back assuming its rented quickly.

    I'm just confused as to what I should do. I am pretty sure she is not following what the lease says, so should I get this in writing once she says I'm relieved of responsibility? I don't want any issues coming back on me because the lease wasn't followed properly.

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