Legal Question in Landlord & Tenant Law in California

Re: breaking a 1 year lease

The loss of your co-tenant is not necessarily grounds to terminate your lease early. You need to read your lease very carefully to determine what contractually you agreed to, and what the lease provides in terms of grounds for termination. Similarly, I don't believe that criminal activity is a basis for termination. Look to your lease as there are likely grounds in there for termination, though they may be very limited. In terms of this "settlement fee", it is probably not legitimate. The landlord's claim for damages when you break a residential lease early is (1) any cost of reletting the property, (2) lost rent from the time you leave until he relets the property (and he cannot just let it sit empty, he must take reasonable steps to relet the apartment, and possibly (3) the difference in rent if he can only rent the apartment for less than what you pay, but only from the time he rents it until the end of your lease term. He can't realistically demand that fee before you move, as he won't know what the damages are until the apartment is relet.

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