Legal Question in Landlord & Tenant Law in California

Our landlord agreed to find another renter and let us out of our 12 month lease after 3 months because my father in law is going to help us buy a house.

The landlord is now deducting from our security deposit a $48.00 monthly fee he is paying to a property manager for the full 2 year lease of his new tenants. $48.00 x 24 months= $1152.00!!! is this legal?


Asked on 2/06/10, 9:20 am

1 Answer from Attorneys

The most he could possibly charge you for it would be for the term of your lease and then only depending on certian circumstances. For the remainder of your lease he is entitled to the full net rent you would have paid. So if he wasn't paying this fee under your lease, but had to pay it to the property manager to find and manage the new tenant, and he is renting at the same rent you are paying, he would be entitled to it for the remainder of your lease. If he is renting it for more than under your lease, or if he had to pay the same fee under your lease, he is not entitled to deduct it. If he had to rent the unit for less than your rent, be glad he is only charging the management fee, since he could charge you for the total shortage.

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Answered on 2/11/10, 10:16 am


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