Legal Question in Consumer Law in California

Early/move out residential lease cancellation

What are my rights/obligations in case of a ''must-leave'' situation with lease contract of one year? Does it mean I lose my deposit automatically?


Asked on 6/30/05, 12:18 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Early/move out residential lease cancellation

If you breach the lease by moving before the term of the lease expires (regardless of the excuse), the landlord can sue you to recover all of the rental that you should have paid through the end of the lease. That being said, the landlord cannot simply allow the unit to remain unrented, and must take steps to "mitigate" its damages by renting the unit as soon as practicable.

Depending upon what your lease says, you may be on the hook for a couple months of rent, together with attorneys fees (if the is a provision in the lease that provides for attorneys' fees, and there probably is) and interest.

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Answered on 6/30/05, 12:50 pm


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