Legal Question in Real Estate Law in California

Breaking a Lease

I am needing to get out of a one year lease in Venice Beach, California by January 1, 2002. If I am moving out of state for a job, will this be possible? The lease was signed in June. Does a letter from an employer out-of-state help? Is there anyway to break a lease legally?


Asked on 11/19/01, 2:51 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breaking a Lease

A residential lease is a kind of contract, and for the most part ordinary breach of contract rules apply, i.e. the party injured by a breach can recover money damages from the breaching party. However, some special rules apply. Damages cannot exceed what the landlord would have lost if he had made a diligent effort to re-rent the premises. Also, a tenant can often find someone to assign the balance of the lease to, i.e. 'sublease.'

So, you should discuss the situation with your landlord candidly, and try to find a way to get another satisfactory renter into that apartment immediately upon your departure, whether by assignment or by early termination of your lease and the making of a new lease with the new tenant.

I have recently learned that the Soldiers and Sailors Relief Act provides a way for enlisted personnel to avoid liability on their leases. This is a special situation and I know of no other rule of law that fits your situation.

Letters from employers, etc. might get you more sympathetic treatment from the landlord, but in the end the reason you're breaking the lease is of little legal consequence.

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Answered on 11/19/01, 4:00 pm


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