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  1. #1

    Default Un-Cooperative Property Manager

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

    I will make this quick and simple My wife and I signed a one year lease for a house in San Diego. The lease will expire jul of 2009. As of today we will be closing on a house on the 29th of sept. Now before we started looking we ask the owners through the property manager if we could go month to month instead of a one year lease. They said no. BUT they did say if we could find somebody to take over our lease we could do that. Well after showing the house to several people we finally found somebody that would be great. We paid for his credit processing fee. (we offered to do that in our add). That was done on Mon. But as of now the property manager has not told us or the prespective tennant SQUAT!!!. She knows we will be moved out on the 30th. along with having the carpets cleand and having a cleaing crew come in. WE have been model tennants for 3 years. Not once missing a payment we have made up grades to the house. But now that we are trying to leave we do not feel our property manager is giving us 100%. When she knows we are on a truncated schedule. Do we have any rights as a tennants, we could exercise to get her butt in gear? We have a qualified tennant yet she has not done anything yet.

  2. #2
    panther10758 Guest

    Default Re: Un-Cooperative Property Manager

    You are bound by terms of lease. Your landlord does not have to accept any new tenant you find! CA rental regualtions can be found here perhaps you can find your answer there

  3. #3

    Default Re: Un-Cooperative Property Manager

    I can't think of the term, but the substitution of parties is not often allowed, which is differentiated from subletting. Often there is an additional term in the lease that says that the landlord will not unreasonably withhold permission for this substitution. A delayed response may be considered unreasonable.

    If what the landlord wants is to sign a new tenant for the balance of the period of your lease, then effectively you are breaching the lease but causing no damages to the landlord to sue for. In a breach situation, the non-breaching party must make reasonable efforts to minimize any damages. If you bring an acceptable tenant to the landlord , and the landlord is unreasonably slow in rendering a decision, then the landlord may be held to have not minimized or actually caused his own damages which could take you off the hook for all or part of the damages if you are sued.

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