Early Termination - Landlord Not Following Lease

[joehoax]

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.

[wally]

As I see it, you have a choice. Accept what the lease says as liquidated damages, or be willing to pay actual damages: lost rent, costs to re-rent, etc. The landlord seems to be going the latter route.

[joehoax]

I understand that, but I'm concerned as to what happens after. If she finds a new tenant, what do I have that shows I am relieved of responsibility?

And also, is finding a replacement tenant the same as 'breaking a lease'? Would it be possible for me to approach her and say I'd like to just break the lease and pay the termination fee and not having to worry when the place gets re-rented?

[wally]

I don't see why you can't demand some kind of proof when the apartment is rented. If the landlord took you to court for the damages, he/she would have to do the same.

I don't see why you can't discuss your options with the landlord.

Breaking the lease is usually an early violative termination or breach in which you would be responsible for losses or damages of the landord if you are the breacher. Again, you can settle the amount of the damages as liquidated damages or wait until the actual damages are determined and settle up then or with the help of a court judgement. If you choose the latter, continuing to pay the rent as if you still lived there until the apartment is rented will probably be acceptable.