Results 1 to 5 of 5
  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default Early Termination of Lease

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

    The lease in question seems to be a fairly standard copy and says that it is Copyright of the CA Association of Realtors.

    I am in need of leaving my lease several months early. The lease states:

    "BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obligations established by paragraph 28 [detailing rental condition, etc.], in the event of termination by Tenant prior to completion of the original term of the Agreement, Tenant shall also be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord may withold any such amounts from Tenant's security deposit."

    I read this as I am responsible for the for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. I do not see any thing is this that states I am responsible to pay the lost rent for the remainder of the lease agreement. If I am responsible for the remainder of the lease agreement the landlord has no insentive to re-rent the Premises.

    Can someone offer some clarification of this statement?I would appreciate it.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Early Termination of Lease

    You are responsible for the rent for the remainder of the lease term, or until the unit is re-rented, whichever comes first.

    The landlord is obligated to make a good faith effort to re-rent the unit as soon as possible. He actually DOES have incentive to re-rent, as vacant units are a liability (squatters, vandals, etc.).

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Early Termination of Lease

    The early termination clause of the lease only states necessary to ready Premises for re-rental. What did you base your conculsion on?

  4. #4
    Join Date
    Jan 2008
    Posts
    245

    Default Re: Early Termination of Lease

    The paragraph you post clearly states that you will be responsible for "lost rent" due to your breach. Lost rent is anytime the unit remains vacant. The clause is pretty clear and cut.

  5. #5
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Early Termination of Lease

    Thank you very much for your input.

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Involuntary Early Lease Termination by Roommate (Private Lease)
    By SandC in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-12-2009, 08:06 PM
  2. Breaking a Lease: Early Termination of Lease
    By Lamecitymayor in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-28-2009, 10:04 PM
  3. Rental Agreements: Early Lease Termination
    By JD32506 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-23-2007, 03:47 PM
  4. Rental Agreements: Early Lease Termination
    By DJ32506 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-03-2007, 11:47 AM
  5. Moving Out: Early Termination of Lease
    By CassieA in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 11-28-2005, 03:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources