Legal Question in Landlord & Tenant Law in California

breaking a rental lease in California

My fiance and I share a lease with a roomate. We recently had to move out of state for family reasons. We have 2 plus years remaining on the lease that we cannot afford to pay. Our ex-roomate does not want to leave the property. How do we get out of paying 2 more years of rent without getting sued for the balance of the lease? If we stop paying rent, can we be evicted and would that mean that the landlord was terminating the contract? The roomate is unwilling to help us because she now has the house to herself and is paying a very small amount of rent. How do we get out of our obligation and avoid getting sued by the landlord and roomate? Is it at all possible to get the deposit back, of which we paid two thirds? What is our best course of action to lose the least amount of money? We are all equal partners on the lease.


Asked on 5/06/08, 11:30 am

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: breaking a rental lease in California

You should negotiate with the landlord to see if it is possible to get out of the lease perhaps by paying some sort of lump sum to break the lease. Or find someone else to sublease it.

good luck.

Law Offices of James Chau

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San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/06/08, 7:31 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: breaking a rental lease in California

Negotiate with landlord, or find other renters.

You are bound by a contract that doesn't expire for two years.

Evicting you terminates the contract but not your obligation to pay rent plus substantial damages such as costs and fees.

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Answered on 6/21/08, 10:23 am


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