Legal Question in Landlord & Tenant Law in California

moving on a 3 day pay or quit

I was served a 3 day pay or quit during a 12 month lease on the 7th. I moved out on the 8th within the 3 days. Turned my keys in on the 8th and received in writing from the manager acknowledgement that I vacated and turned in my keys. When I moved in, I received a special of 2 weeks free and gave one month rent as a deposit. Since I moved out during the 3 days, does that break my lease and what can they charge me by California law?


Asked on 11/09/08, 1:04 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: moving on a 3 day pay or quit

Yes, unfortunately moving out before the end of your lease is technically a violation of your lease, even though it was on their notice to do so (not paying the rent was also a violation of the lease). As such, you have now terminated your lease early without the landlord's permission. Accordingly, the landlord can legally charge you for the following items: (1) charge against your deposit for any damage to the unit that exceeds normal wear & tear, (2) charge you for any costs of reletting the apartment (advertising, commissions, etc...), (3) for rent from the date that you vacated the property until it can be relet - the landlord does have an affirmative duty to attempt to relet the apartment and cannot simply let it sit empty, and possibly (4) the difference in rent between what you would have paid through the end of your lease, and what the landlord actually gets from a new tenant during that time, if they had to reduce the rent to relet the property. Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/10/08, 12:28 pm


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