Legal Question in Landlord & Tenant Law in California

Pro-rating of lease-break fee

I broke my apartment lease in CA. The apartment was rented fairly quickly. What legal grounds, if any, do I have for paying only the pro-rated amount before the apartment was turned around? Can you cite the specific law?


Asked on 1/19/04, 6:11 pm

2 Answers from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Pro-rating of lease-break fee

I am a Washington State attorney and do not advise on California law. I wish you luck!

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Answered on 1/20/04, 10:28 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Pro-rating of lease-break fee

You are only required to pay the following, if the landlord has re-rented the property:

1. The full amount for the time it was vacant.

2. The difference between your rent and the new rent (if the new rent is less and reasonable).

3. The cost of finding a new tenant (advertising).

In other words, the landlord can only collect enough to keep him from losing money, and cannot collect twice for the same space.

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Answered on 1/19/04, 7:36 pm


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