Legal Question in Real Estate Law in California

Breaking a lease

I have 4 months left on my lease and would like to break it. I have a cancellation fee of 2145 and don't want to pay it. If the apt is rented 7 days after I vacate am I only responsible for paying the 7 days? Also, I transfered from one apt to another in the same complex and my security deposit for the 1st apt was 1400 and for the 2nd apt 900. I was told I would receive a check for the difference after the apt was inspected. I never received one and was told that it all evened out. I asked for an itemized list repeatedly and never received one. This has been going on for several months. Plus when I moved to my new apt I asked for a deadbolt to be installed. They refused and instead installed a small metal vertical plate. The actual door lock only extends 1/2 inch into the frame. Does this violate civil code 1941.3 and is it and not getting an itemized list for my security deposit grounds for breaking a lease?


Asked on 9/06/00, 3:18 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breaking a lease

The lock arrangement you describe seems to violate Civil Code section 1941.3, which requires a 13/16" engagement in the doorjamb. You should (re)read 1941.3 at your county law library, noting in particular the tenant's remedies listed in subpart (c) which are quite extensive.

As to breaching your lease and relying upon the landlord's duty to mitigate damages, even though the rental market is strong you are asking for problems. Why invite a suit or give the landlord grounds to withhold your deposit? Instead, find a desirable tenant yourself and propose them to the landlord as sublessees for the balance of your term (with an additional term, of course, if both want) or as a replacement tenant (instead of a subtenant)?

Defuse the situation and negotiate your differences if you possibly can. Even if you win, a contest over these issues is a lot of grief and probably expense.

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Answered on 10/05/00, 6:13 am


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