Legal Question in Real Estate Law in California

Re: early lease termination

The lease extension is not rendered invalid nor is it cancellable by you for the mere reason that performance (i.e., your occupancy and the landlord's allowing the occupancy) under it hasn't begun. All kinds of contracts are signed well before performance by either party is due. Think about the signing of sports stars to contract extensions, for example.

Your liability for damages can be limited, however, by the principle that if you breach the lease (or lease extension), the landlord cannot get damages in excess of the harm he would have sustained had he made a reasonable effort to find a replacement tenant.

Usually you can buy your way out of an unwanted lease by offering to pay one or two months rent. Another idea is to find a replacement tenant or someone you can assign or sublet to (check the lease terms regarding assignment and sublease).

Then, negotiate your best deal.